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Importance of having continuity of employment/pay stubs
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.
Out of Status
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?
I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )
(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
Guestbook Entry for Neeraj Chopta, United States
Adoption for US Citizens, Immigrants and Nonimmigrants
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.
I have adopted a daughter from India. Rajiv S. Khanna Law firm did I-800 for the adoption. Everybody was very helpful throughout the process specially Ms. Sheena Gill. She worked effortlessly on my case, finding an adoption agency to making calls to CBP. This process would not have been possible without Ms. Sheena’s hard work.