abu, expert pls help

[GhoshT]

I have opted for cp.
when I came into this country, I got my first project after 1 and 1/2 months and employer did not pay for this 1 and 1/2 month. But since then I am regularly paid and have every paystubs.
Will it be a concern in CP.
I am worried about this 1 and 1/2 month unpaid period.
Will there be any risk involve in CP.
Your input is appreciated.

Thanks in advance.

[kw177]

Pay Stubs

Not Legal advice:

Probably no problem. I was never asked for pay stubs and if they are not on the list then you shouldn't be either.

If they do they will only want one or two recent ones to show that you are actually earning.

[GhoshT]

paystubs

Thanks for your reply.
But what do you mean by "if they are not on the list" - pls clarify.
Thanks again.

[abu lafya]

Re: paystubs

Many consulates do not care about paystubs.
Does that do, look at recent only.

[GhoshT]

Paystubs

Thanks abu.
One of my other concern in CP is, my first H1B was refused on the ground 221g back in 1998 and at the last page of the passport officer wrote 221g.
Consular officer said that they can issue me the H1 only after they receive sufficient proof of company's financial ability. They issued me the visa after couple of weeks (after getting financial statement of the company).
Should I be worried about this in CP interview.

Secondly, Like I mentioned earlier that if they ask for 1999 w2's then would not it be evident that I was not paid for the first 6 weeks after I come into this country.

Abu,Kw I appreciate your input in this.
I am still in a dilema whether to go for CP or AOS.
I know that if CP gets rejected then AOS should also be but in that case at least I can get help of the lawyer as I will be in the country.
Please give me some suggesstions and clarification of my questions.
Thanks in advance.

[abu lafya]

Re: Paystubs

It is very difficult (if not impossible) to know that you were not paid for 6 weeks out of whole year, looking only at W2 or tax transcripts. What if you were not given same salary always or if you were given benefits that are considered "regular income".

Technically, you probably (I am not a lawyer) can successfully sue for those 6 weeks in labor court.

The past "rejection" is not reason for rejecting your case. Even those unpaid 6 weeks are not reason for rejection (and I am not sure that you were out-of-status in those 6 weeks). Please look at DS230 P2 on those questions you must answer 'no' to all of them. Any one of them is reason for rejection. As long as you are not lying and you have your sponsor with LC,I140 approved and can answer 'no' to all, you will be granted GC.

Please also remeber that consulate normally does not scrutinize cases. They "check mark" every requirement. If your LC,I140 were approved by INS your case is OK.