Always Keep Your Pay Stubs!
Posted Jul 16, 2004
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The USCIS Service Centers frequently issue Requests for Evidence (RFEs) for supporting documentation to establish that a person has been maintaining valid legal status in the United States. Frequently requested as evidence are copies of pay stubs covering a certain span of time. This request arises in various types of cases, such as when approving an H1B extension with a change of employer, or when approving an I-485 case for an applicant. For this reason, we remind MurthyDotCom and MurthyBulletin readers to keep all their pay stubs, tax returns and all attachments in a safe place, should they are ever needed.
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There are numerous reasons a request for pay stubs can arise in an employment-based I-485, Application to Adjust Status to Permanent Resident, case. They may be necessary to determine whether the applicant has been working for the sponsoring employer. They also can establish whether the applicant has been working regularly and, therefore, is less likely to become a public charge. A third reason is to discern whether the sponsoring employer is paying the applicant the required prevailing wage. For I-485 purposes, the sponsoring employer is not required to pay the prevailing wage until the I-485 application is approved, though the good faith of the parties is better served if the prevailing wage is paid before I-485 approval. Though these are the primary reasons, there may be other factors that prompt the Service Centers to decide to request pay stubs.
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The USCIS Service Centers may also request pay stubs at the I-140, Petition for Alien Worker, stage in an employment-based case as part of the determination as to whether the sponsoring employer has the ability to pay the beneficiary the required prevailing wage. Some of our readers may have heard of requests for pay stubs associated with an H1B or L-1 extension of status or with a change from one employment-based nonimmigrant category to another. Typically, a number of pay stubs are submitted with these petitions when they are filed, but the Service Centers do request additional pay stubs in a small percentage of cases.
©MurthyDotCom
The numbers of pay stubs requested vary. In some cases, only the three most recent pay stubs are required. However, we also have heard of RFEs calling for pay stubs covering anywhere from a three-month period all the way up to a three-year period! Therefore, we suggest that MurthyDotCom and MurthyBulletin readers always keep their pay stubs from their employment in the United States. You never know when the USCIS may ask to see them and it is always better to be safe than sorry.