Tracker for ND Sept 2002

RFE Response Sent

Sent response for RFE on June 29th, USCIS updated the status on July 2nd.

iI-485
rcvd dt :- 10/12/2002
2nd FP :- 04/2/2004
/Reply :-06/30/2004"
 
Second FP2 notice

Kshashikanth,

You can update the spreadsheet. I have got notice for 2nd FP scheduled for Aug 6, 2004.

The funny thing: on the USCIS e-status site, case LUD has not changed, case message has not changed, no e-mail notofication sent.
P.S. My category is EB1.

Thanks for your efforts to keep all of us together and sane.
 
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Hi o1eb1,

Talking from my experience the LUD does'nt change for finger print notice it only changes if a RFE is generated or you change the address through attorney ( not through customer service ).

Regards
:)
 
Always Keep Your Pay Stubs!

Hi Sasi,


Today I got this Email from MurthyBulletin....................Pl read.

In 2002 my W2 has only 20K does it matters..Pl advice me....Below is the mail .


Regards,
Minumona




1. Always Keep Your Pay Stubs!

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.

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.

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.

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.
 
minumona said:
Hi Sasi,


Today I got this Email from MurthyBulletin....................Pl read.

In 2002 my W2 has only 20K does it matters..Pl advice me....Below is the mail .


Regards,
Minumona

1. Always Keep Your Pay Stubs!


Just an FYI: your company (specifically your Human Resources officer or Financial dept.) should have copies of all your W-2's, and will usually give you copies on request. :)

SlipJ
 
minumona,
If you have all W2 forms upto date , I think figures doesn't matter that much ........any how contact your attorney .....
 
Hi Sasi,


Thanks Sasi!

In 2002 I was on bench from Jan To Feb (2 Months)

I have one Pay Stub in March (Dt Ending 03/15/04)

Bench from March TO July (4 Months No pay )

Applied 485 in Sept 02(from Sept I come under AOS,I guess it does not matter if i am on bench for couple of months)

From August To Dec I have Pay stubs.



Since I have 20K Pay in 2002 does it matters............Pl advice me.

If INS Denies my case what is the other option ...I don't have Back up H1B.
Will they give time limit to apply H1B.....Now they are taking 4 months to approve H1B....Pl give your Advice and what are other Options .


Appreciate your help!!

Regards,
Minumona
 
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Did you consult your attorney? What advice did you get ? I think if you have all years W2 forms with you then it should be fine …….Figures won’t matter much…….
 
minumona,
Do not worry. It looks like you were on H1 with the same employer all through 2002 and applied for I-485 in Sep 2002. If yes, you do not have any risk. If you think, since you do not have paystubs and you would be at risk, the main risk is to your employer. The reason is, your employer did not lay you off, he did not inform INS to withdraw/cancelling your H1, and mainly He did not pay you while you were on H1. As long as you did not submit a letter of un-paid vacation for the same period, your employer is at risk, if you inform INS....
In my opinion, if I am on a death sentence for none of my reasons, I speak up and pull all voilaters into the same...., until then I keep silence.
 
Thanks Sasi & Peace of mind

My Attorney is Busy She is taking little Time to review my case ,But I have not asked so far about deny......Pl give inputs.

If they (INS) Denies my case what are the options ......Since i don't have back up H1B....Are They give some time to leave the Counmtry.
My Previous Employer was good he supported to my GC...But Now I am working for New EMployer...Should I apply for New H1B.

Please Give your Advices so that I will get some Idea .

Appreciate your Comments!
Regards
Mona
 
Why do you think you would get a denial? I am sure you would not get any denial. Since you are working on EAD, you cannot go back to H1. Have some confidence in yourself. Few years ago, there was a fine for being out of status..., find out about that.
 
minumona,
The below is an extract from murthy chat. She (Madam Sheela Murthy) clearly mentions that not paying salary is a voilation by the employer and not employee.
Who ever the chat user was, no comments from my side but..., S/He called Attorney Murthy by her firstname.... I only wish the new comers would learn to give respect to persons who are helping the community.

Chat User : Hello, Sheela. Thanks for your free service!. My project is terminated and I am not getting paid. How long can I stay on H1B?

Attorney Murthy : Actually, if the employer plans on putting you back on payroll as soon as they get another project for you, then you may not be out of status after all, though the employer possibly may be in violation of the law. So it really depends on for what purpose and when one is deemed to be out of status. There is no time frame, though the outside time frame is the date mentioned on the I-94 card but that also poses some risk.
http://www.murthy.com/chatlogs/chat1126.html
 
GC Approved

Hi Guys,

My GC got approved today.
RCVD Dt :- 10/12/2002
FP2 :- 04/02/2004
RFE :- 05/25/2004
Approval :- 07/19/2004.

Thanks a lot for everything.
 
congrats chicagogc.

Can you tell us was your case EB2 or EB3 ? Also, is this a large company or a small company. I filed from chicago too so far no news.

What was the RFE about and how did you respond to it.

Thanks
 
Approved

Hi,

My case got approved on July 19. Waiting for spouse approval.

Case details
I485 RD 9/12/04 ND 9/24/04 EB3
No RFE was generated.

Goodluck everyone!
 
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