coolstonesa
06-22 04:29 PM
Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
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jk999
08-18 02:40 PM
How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
tabletpc
12-16 08:51 PM
Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
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mbawa2574
08-06 02:44 PM
I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.
more...
tikka
05-23 11:24 AM
I emailed and used the "contact us" form. It asked me if I wanted a reponse and I clicked - yes.
Have not heard back from them. Has one else?
thank you
Have not heard back from them. Has one else?
thank you
snathan
11-17 05:31 PM
Done
more...
needhelp!
02-11 12:17 PM
Are you folks waiting for the next amendment banning all H1B renewals?
If we don't stand up against this NOW, its going to be too late.
If we don't stand up against this NOW, its going to be too late.
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Bala-immi-voice
09-06 05:08 PM
485 Filed 3rd July,
RN on Aug'17th
no Fp yet.
RN on Aug'17th
no Fp yet.
more...
purplehazea
05-23 11:34 AM
E-mailed everyone on the list.
hair PICS: Cory Monteith and Lea
kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
fetch_gc
10-10 03:52 PM
Hi guys,
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
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saro28
08-29 01:45 PM
Application received by USCIS on July 23rd. No receipt yet and the checks were not cashed. Some late July filers are already getting receipt notices.
more...
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GC08
07-08 09:01 PM
I think lawsuit is always the "last" resort, esp. to us, legal immigrants. So long as there is a way to make sure they are treating us "fairly", no one wants to sue. This time, they just pushed us around so harshly that people could hardly bear it any more. Think about the past several years... all the chaos, backlogs, visa # wasted... Even if we are not given all the rights, we still need to fight for what we deserve. If no one chanllege status quo, slavery and segregation would still probably exist and women would still not be able to vote.
By the way, I think whatever we do to get the situation exposed, we need to put this episode into a context, i.e., the history of mistreatment of EB immigrants and the mismanagement of the green card process. In other word, we are not just a bunch of people (like illegals) who just walk in the street to demand green cards. We are sueing and demonstrating because the process is so mismanaged that we have been the victims for a long time. ... just my thoughts.
By the way, I think whatever we do to get the situation exposed, we need to put this episode into a context, i.e., the history of mistreatment of EB immigrants and the mismanagement of the green card process. In other word, we are not just a bunch of people (like illegals) who just walk in the street to demand green cards. We are sueing and demonstrating because the process is so mismanaged that we have been the victims for a long time. ... just my thoughts.
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acecupid
09-24 05:22 PM
Atleast we agree on one point that the law is absurd.
:eek: what is absurd is your thought process! :eek:
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
:eek: what is absurd is your thought process! :eek:
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
more...
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shukla77
05-23 12:36 PM
sent emails to 10 senators
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casinoroyale
08-17 02:00 PM
Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?
more...
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stillhopefull
09-21 09:43 AM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
girlfriend Rachel Berry (Lea Michele):
qasleuth
02-28 12:13 PM
ok suri, while you work 30 hours and make money for yourself, let me take your burden and share my research with you. Here is what you have to do to see the result -
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Sanju my friend, why sarcasm ? This is such wonderful information, why can't this be made more public, posted in a prominent position on IV ? Why should members do research to get this info when it can be relatively easily acquired by Quinn Gillespie & Assoc and given to core ? Come on man, a little bit of information like this goes a long way with members.
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Sanju my friend, why sarcasm ? This is such wonderful information, why can't this be made more public, posted in a prominent position on IV ? Why should members do research to get this info when it can be relatively easily acquired by Quinn Gillespie & Assoc and given to core ? Come on man, a little bit of information like this goes a long way with members.
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helmet
09-03 02:14 AM
received cpo email for EAD today. AP is still pending and there is a soft LUD on 9/1/08.
RD: 7/15/2008
RD: 7/15/2008
kdprasad
08-13 08:01 PM
DId your checks get cashed and receipts issued.
I heard from a friend,he got a receipt but checks not cashed yet.
Same with me!!!
I heard from a friend,he got a receipt but checks not cashed yet.
Same with me!!!
vikramy
05-23 01:48 PM
Sent Emails to all including 2 AZ senators
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