1-140/ regarding PayStub

[milf]

Hello Gurus

My labour got appoved on Jan 9 2008.

1) Based on my attorney's 1-140 checklist i submitted him all the documents During Jan 2008 (my Oct07,Nov07 & Dec07 recent paystubs & W2 of 2007), after submitting this he again asked me to submit some additional documents like my notorized experience letters. I submitted those additional documents in first week of April 2008 and my attorney filed my I-140 in Mid of April 2008.

2) My question, (why) he did not bother to ask me to submit my latest PayStub ie from Jan 08 to Mar 08 when he was filling my I-140 in the middle of april 2008.

3) My question, will this create any problem going forward since my attorney already Filed 1-140 and got the receipt no as well.

Response is highly appreciable.
Thanks
Kiran

[txh1b]

They should have asked for recent ones. But it is not a big deal. USCIS will ask if they need one.

Paralegals are the ones that do the work for an attorney and they might have a check list to check for paychecks but not "recent" paychecks.

In this world of templates and checklists, people happen to lose common sense altogether.

[DMX17]

In this world on templates and checklists, people happen to lose common sense altogether.

Blame it on capitalism not paralegals.

[milf]

They should have asked for recent ones. But it is not a big deal. USCIS will ask if they need one.

Paralegals are the ones that do the work for an attorney and they might have a check list to check for paychecks but not "recent" paychecks.

In this world on templates and checklists, people happen to lose common sense altogether.

Thanks txh1b.
1) when they happen to ask the paystub that means getting RFE correct?.
2) Even if they asked me to submit paystubs going forwards assume after 5-6 months (assume that i get RFE on this in Sep 08) my question is which month paystubs they would ask for? starting from Jan 2008 to the month till i get the RFE? or from Jan 2008 to till Mar 2008 since my attorney filed my I-140 in the month of Mid April 2008.

Thanks again.

[txh1b]

They can ask for anything or nothing. It all depends on the adjudicator. What is the real issue here? If you are getting paid properly on H1b all the time, there is nothing to be worried about. Any benching without pay scenario?

[milf]

They can ask for anything or nothing. It all depends on the adjudicator. What is the real issue here? If you are getting paid properly on H1b all the time, there is nothing to be worried about. Any benching without pay scenario?

Yes you are right, i was on bench for 7 weeks starting from Feb 01 2008 to Mar 23 2008 searching for a job.

If really they ask me to submit my paystubs during for the above bench period then what do i need to do? Any problem i would get on this. I would like to know what is the solutions for this.

Thanks

[txh1b]

I have to suggest that you demand your employer to pay you for the period as required by the law. No other solution exists. You have to mention detailed employment history during I485 stage and you will get caught at some place.

[milf]

I have to suggest that you demand your employer to pay you for the period as required by the law. No other solution exists. You have to mention detailed employment history during I485 stage and you will get caught at some place.

Thanks again txh1b you are doing a great job !
1) How is it possible to generate paystub for the previous months as i used to get my paystub thru ADP.

2) Is it possible to get my past paystub for my bench period by asking my employer to generate my paystub ( by giving money from my pocket) for the bench period. How will this happened?? If not then how and to whom i shoud approach in order to get previous month paystub. OR any other solutions do you have to convince employer.

Thanks

[txh1b]

Sorry, your questions are beyond my comprehension limits. What you are trying to do is illegal and if caught, you will be denied a GC based on fraud and misrepresentation rather than any other ineligibility.

The employer signed a LCA telling the US govt that they will pay you your salary at all times. It is the law. Complain to DOL on a WH4 form if they are not ready to pay you.

[ramya.ramg]

Labor approved/I-140 not applied due to bench period

Hi Gurus,

My labor got approved in April-2008.
Since I am on bench from 3-May-2008 till now, my employer suggests not to apply I-140 at this point.

But I have payslips for May'08(worked for 2 days) and June'08(got some money as vacation pay)

I have the following questions.

1) Will my labor becomes invalid if I apply I-140 after 3 months from today(market is dull and dont know when will I get a project) .

2) Can I apply I-140 now since I have payslips for april,may,june even though it is not the full salary.

Any ideas/suggestions...

Thanks.