Question details
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
Comments: Rajiv Khanna is an extremely competent attorney and I am extremely pleased by the service provided by his staff. I specially commend Diane Lombardo for getting things done quickly, efficiently and correctly. I would recommend this firm for anyone wishing to hire a lwayer for their GC process. Country of Birth of primary applicant: India Country of Birth of beneficiary: Colombia I-140 NIW Application received by INS on Jan, 13 1998. I-140 Additional evidence requested on April 23, 1998. I-140 Approval received on Jun 13, 1998. I-485 Received by INS on Aug 5, 1998. I-485 RFE sent out by INS on Nov 12, 1999. RFE was for employment letter, original geographical area of NIW approval and birth certificate. I-485 Response sent on December 7, 1999. I-485 Approved on December 23, 1999. Passport stamped on January 3, 2000 using courtesy copy (not original copy). Further, for those who are wondering how I was able to submit my I485 application in August 1998 when my priority date is Jan 13 1998, I qualify since I cross-charged my application under my spouse's country of birth.