485 Filing - Not in payroll for 1 year


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Good to hear about EB2 moving to Nov 2007. Many thanks to murthy.com for the great news!

I was in USA from April 2005 to July 2010 and came back to India. Now i am working here.

I have approved labor and I140, my PD is October 2007 (EB2). Since EB2 is moving to November 2007 so i am planning to come to USA and apply 485. (Have my H1B visa till March 2013).

In my situation can i come and apply 485. I don’t have payslip for last 1 year with my GC sponsored employer.

I am planning to look for a project and come there immediately then apply 485 next month.

Is it possible to apply 485 without having payslip for last 1 year?

If i come there without project can i still file for 485?

Thanks for your information.

Looking forward to hear from you.



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Hi JoeF,

Thanks for your reply. My emloyer is consulting compnay so i have to find project mysfelf. Last year i could not find project due to recession so i came back to india. If i come there now can i file 485 becuase my PD is Oct 2007 without having payslip for last 1

year. Please let me know.

Thanks for your response.



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Huh? Why?

It is the employer's responsibility to find a project for you.

technically it is, but do they really do it , no, many shady consultancies do not even pay on time let aside finding a project. But anyways, to me your chance are bleak without any paystubs. I would recommend that you get confirmation of project and then try to enter the US , so you would at least have the letter of offer to show to the immigration officer at the port of entry. Then after gathering 3-4 paystubs u can apply for i-485 ( so u r in status ). another catch will be ur tax returns ( 1040) which u dont have any for last year and that's an essential document. No one can tell what the uscis may audit for or u can just lucky.

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When filing the I-485 application, one is not required to provide copies of payslips. But there is a more important issue than just lack of payslips. That issue is whether the petitioning employer continues to have a valid job to offer the I-485 applicant. At the time of filing the I-485 application, the petitioning employer needs to confirm that it continues to offer the applicant the sponsored position and that the terms and conditions of the job offer in the labor certification and I-140 continue to exist.

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Since the sponsored beneficiary is not required to be working for the petitioning employer at the time of filing the I-485, the lack of payslips is not really an issue for filing the I-485. Nevertheless, there is an issue with trying to enter the United States on an H1B visa is there is not a valid employer-employee relationship and if the employer does not have work available for the employee.

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I am also in similar situation,

I came to India on vacation in May 2011 and got a 221g when i went for my H1b stamping. My Application for stamping is still Pending review. I worked with same project/client from india still July 2011, Client terminated my contract due to my visa situation.

I am not sure how much time i have to wait to clear my visa query. My employer is not running my pay stubs after august 2011

My GC details are EB2, Jan 2008.

My question is can i apply for my 485 when i am in India? If not what are my options to continue my GC process if my priority date comes before i go to US again?

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Two conditions you need to satisfy for your I-485 to be successful: 1) be in status since the date of the last entry - i.e. have a real H1 with a job behind it (if in doubt, file as soon after the entry as possible; at least you may be able to say that at the time of filing you did not know the employer did not have a project for you) and 2) there should be a real permanent (=indefinite in nature) full time (=40 hours/week) job offered to you, which you intend to take.

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