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Urgent help needed PLEASE!

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  • Urgent help needed PLEASE!

    I'm posting this for one of my friends and try to povide as much info as I can, hopefully somebody has some ideas.
    He entered the US legally but oversayed. He started the labor certification process through a legit company. Section 245i was still in place so he would be OK adjusting status. He's had his work permit for almost a year and a half and never been on the payroll of the sponsoring company. Actually he was only employed for 2 months by a different company, in different postition as the sponsoring one.
    Does he HAVE to be on the company's payroll to be able to get the greencard? He has his own business and supports himself from that.
    His lawyer suggested to get himself on the payroll ( and pay $1300 monthly for tax, etc.) otherwise he might get denied by BCIS.
    He probably only has a couple of months from being adjuticated. Does it matter anyway to be on the payroll at this point?
    Any ideas greatly appreciated.
    Thanks

  • #2
    I'm posting this for one of my friends and try to povide as much info as I can, hopefully somebody has some ideas.
    He entered the US legally but oversayed. He started the labor certification process through a legit company. Section 245i was still in place so he would be OK adjusting status. He's had his work permit for almost a year and a half and never been on the payroll of the sponsoring company. Actually he was only employed for 2 months by a different company, in different postition as the sponsoring one.
    Does he HAVE to be on the company's payroll to be able to get the greencard? He has his own business and supports himself from that.
    His lawyer suggested to get himself on the payroll ( and pay $1300 monthly for tax, etc.) otherwise he might get denied by BCIS.
    He probably only has a couple of months from being adjuticated. Does it matter anyway to be on the payroll at this point?
    Any ideas greatly appreciated.
    Thanks

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    • #3
      You may want to get a second opinion from another lawyer.

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      • #4
        I would assume that he needs to be on the payroll. The reason that companies can sponsor people is so that they can employ them. It will probably look quite fishy if he's not even working for them. Then again, that's just my ignorant opinion Definately talk to a lawyer.
        Have a nice day

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