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  • lostinbeta
    10-20 02:19 AM
    I need to get me that painter program :P

    If it is as expensive as Photoshop I don't think I will be getting it anytime soon though. Too many other things I am saving up for.

    And Edwin is the only expert here :)

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  • arihant
    05-23 09:17 PM
    Commend your initiative

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  • eb3retro
    12-25 01:23 AM

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help


    for god sake, let us know the name of the employer. that will save a soul or two. thanks.

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  • vrbest
    03-30 07:36 AM
    You can write it... no issues.,.

    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my it ok with Uscis if I write that? Or what else should I write.
    Thanks again!


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  • sam_hoosier
    01-07 11:24 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.

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  • HV000
    03-04 05:24 PM
    But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.

    This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!


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  • paritp
    04-13 06:59 PM
    I received Green card approval email from USCIS even though my PD is not current

    Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
    I received the Green Card approval email from USCIS. I checked my status on it says my case has been approved and card production has been ordered.
    The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.

    I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
    What should I do in this case?

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  • bbenhill
    01-14 05:59 PM
    Hi ca_immigrant, agree with ur point. I gave you green :-)


    Congrats !

    and thank you to desi485 for posting the link

    Good one and particulary moving was the last point ... -:)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

    but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

    neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
    (They are in India with my elder borther)

    oops...sorry for writing something out of context....

    but again Congrats !!


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  • raju6855
    02-06 09:49 AM
    What number do you call?


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  • anilsal
    12-21 12:00 AM
    how can I get a copy of my approved I-140? lawyer won't give it to me...heck he won't even give me the case#

    please help

    Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx


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  • msp1976
    05-27 01:40 PM
    Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...

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  • mbartosik
    09-12 07:34 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.


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  • grupak
    08-15 02:06 PM
    What is ur PD, ND, RD and Service Center?
    I had these in another thread but roughly
    PD May 2006
    RD 8/2/2007
    ND 9/27/2007

    TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.

    Good luck to all!!

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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.

    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.



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  • 08OCT2008
    01-24 10:54 AM
    China EB3 received 3,513 visas when India EB3 received only 2856 when both countries are retrogressed. Also Chinese Student Protection Act requires the numbers be reduced for Eb3 category.

    EB2-I and EB2-C received approximately 20 K visas in addition to their regular quota. If the same holds true for 2011 will bring the cut off dates to Feb - Mar 2007 for these countries.

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  • anandrajesh
    08-15 11:55 AM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Welcome to the Weird World of USCIS where there are no rules to be followed.


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  • alterego
    01-02 08:14 PM
    Best Answer:- No-one but god knows the answer to your question.

    Here are a few points to consider.

    1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.

    2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.

    3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.

    4) A new President and a better immigration system might help you. One can only hope.

    Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.

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  • nat23
    11-17 01:43 PM
    I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.

    If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?

    If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.

    This scenario concerns me.

    When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.

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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?

    02-04 05:03 PM
    Hello All:

    Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.

    05-26 07:46 AM
    Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)

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