Wednesday, August 3, 2011

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  • funny
    09-26 02:34 PM
    Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion





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  • desi3933
    03-23 05:09 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.





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  • imvoice1234
    01-08 12:36 PM
    Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
    No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
    Read the link below on how mean they are.
    http://www.rense.com/general29/FAHD.HTM

    Now this article states the Israel - Palestine conflict clearly.
    God bless Israel. God has always been with Israel.





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  • sanju
    12-18 12:15 PM
    Sanju gave very good explanation here.

    I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)

    Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

    These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

    Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

    If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

    These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

    Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

    Thank you.

    oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

    You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

    You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

    It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

    Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.


    .



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  • chanduv23
    03-24 11:28 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain and.

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Remember the GREED brought American economy down.

    Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.

    If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.

    If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.

    Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them





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  • pitha
    04-08 10:04 PM
    Could not agree with you more on this. They have systematically targeted people of particular races. This is nothing but high tech lynching. If these people are against H1 just come out a say that. But these hypocrites don�t have the balls to say that so they are targeting a particular race.

    Imagine telling an Indian or Chinese doctor to treat only Indian and Chinese patients and not anybody else. That�s what this law is essentially doing to technology consultants. You can only work within the company but cannot do consulting. But if you are an American citizen you can do consulting, body shopping etc but you cannot do that with H1!!!!.

    I didn�t have much of an opinion regarding a path to citizenship to illegals, I could not understand why Kennedy was spoiling the whole CIR by stressing on path to citizenship for illegals. Now I understand exactly why Kennedy and some others stress about path to citizenship for illegals. They don�t want the illegals to go through these same gotchas that they are trying to put us h1's through. Kennedy knows that unless the illegals are given a path to citizenship they will be constantly exploited like we are.

    The people who are sponsoring this law are xenophobes masquerading as h1 reformers. Of all the groups who claim they are trying to reform h1 you can easily weed out the pretenders and the real ones. The only real one is IEEE-USA They know H1b is necessary but don�t agree with some exploitation going on with the system. So the IEEE-USA made some of these proposals
    1. Give green cards to US educated students directly instead of H1
    2. Delink H1 from employers which will make them more mobile and not subjected to exploitation by employers.

    Now IEEE-USA was truly interested in reforming H1 that why they made the above proposals. Now these xenophobes who proposed this draconian law did not include any of these proposals, why? Because there objective is not to reform H1 but to throw us out and kill h1 based on an excuse called reforming h1. If they were really interested in reforming h1 they would have included the above proposals in the bill.

    This bill will pass one way or the other. The only solution for us would be 485 without priority date. But do we have the will and more importantly the resources to pull that off. Other than the personal effort of the core team and 200 odd contributing members who do we have to count on. People atleast now contribute, even before we could take one step forward we have been pushed 2 steps backward. As logiclife has said its no longer just about green card our very own existence is being eliminated. Please contribute atleast now for your own good.



    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.



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  • Vsach
    08-08 08:09 PM
    Hi,

    In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.

    All the best!

    VS





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  • pd_recapturing
    08-05 07:48 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....



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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?





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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002



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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees





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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.


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  • vghc
    01-07 01:49 PM
    All Muslims are NOT terrorists, but 99.9% terrorists ARE muslims.





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  • pthoko
    07-10 10:07 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.



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  • gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)





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  • Jimi_Hendrix
    11-11 05:45 PM
    http://www.bluelatinos.org/firelou?from=0

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.



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  • unseenguy
    06-21 09:49 PM
    What do you mean by they will give you?

    The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

    Please do not post wrong information..

    i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.





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  • Macaca
    05-11 05:34 PM
    Catching Scent of Revolution, China Moves to Snip Jasmine (http://www.nytimes.com/2011/05/11/world/asia/11jasmine.html) By ANDREW JACOBS and JONATHAN ANSFIELD | New York Times

    Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.

    Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.

    Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.

    Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.

    Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.

    Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�

    Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.

    Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)

    Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.

    In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.

    Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.

    Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.

    As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.

    Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:

    A beautiful jasmine flower,

    A beautiful jasmine flower,

    Perfumed blossoms fill the branch,

    Fragrant and white for everyone�s delight.

    Let me come and pick a blossom

    To give to someone,

    Jasmine flower, oh jasmine flower.



    US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
    Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
    A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
    China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
    Fire and Ice
    Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
    By Jed Perl | The New Republic
    The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
    Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
    A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times





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  • desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.





    lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!





    Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?



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