bmeduru11
11-09 06:02 AM
Hi all,
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
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hejilac1224
09-13 03:41 PM
Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.
svrao2001
12-06 11:53 AM
My new employer has asked me to provide copies of 1. Labor approval, 2. I-485 notice, 3. EAD to issue employement verification letter.
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paskal
06-19 11:50 PM
consider joining this group
see link below
see link below
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
punjabi
02-25 12:45 AM
Hi,
Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.
You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.
Get your H1 transferred and find a job agressively.
Good luck, my friend.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....
Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.
You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.
Get your H1 transferred and find a job agressively.
Good luck, my friend.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....
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summitpointe
04-09 01:06 PM
If I work on EAD and do not get the EAD card before it gets expires, do I need to inform my employer about the status. If I inform them they will be removing my name from the payroll and it will be hard to include it again. It is like my job getting terminated.
2010 disney characters. neko girl
p1234
02-17 07:52 PM
Congrats!
Was your service center Nebraska or Texas?
Was your service center Nebraska or Texas?
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arc
10-04 01:38 PM
Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
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desi3933
03-14 09:10 AM
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
Here are USCIS links -
July 17, 2007 Memo (http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf)
July 23, 2007 FAQ (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
_______________________
US citizen of Indian origin
Here are USCIS links -
July 17, 2007 Memo (http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf)
July 23, 2007 FAQ (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
_______________________
US citizen of Indian origin
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dilbert_cal
03-31 11:00 PM
Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?
Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.
And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.
If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.
Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.
And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.
If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.
hot Disney is clearly among young
BharatPremi
12-21 07:59 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
more...
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Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
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ags123
09-22 07:38 AM
just FYI, came back via SFO and had no reentry issues.
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pictures According to these young girls
JoeSixpack
09-04 07:06 PM
I never got kWordpad to do this for me. Though after you mentioned it, I went back and took another look. I noticed that if upon opening the window, I clicked on the Bold button first and then went and began typing, the Bold button would return to an unChecked state and my text would not be bold. However if I first clicked once inside of the rich textbox and then clicked the bold button, when I started typing the text would be bold.
So I went into the source and added: "this.MainRichTextBox.Focus();" directly benieth “InitializeComponent” to the Window1.xaml.cs file, so that the rich textbox would already have been ‘clicked’ upon opening and now it works just like wordpad as far as applying styles.
Are you getting similar behavior or not? If its working differently for you, is there any chance you know whats happening here?
Either way, thanks for making me take a second look. And just while I have you on the line, I want to tell you I love the website. The tutorials here are great. Most sites simply give snippits, but don’t give you all of how they achieved this or that feature. So its nice to know that when I start something here, all of the info I need to finish it or get it working is included. I'm looking forward to more in the WPF field.
Thanks again.
P.S. Just as a side note I was curious why you have:
private void SelectDefaultFont()
{
FontFamilyCombo.SelectedValue = "Arial";
}
in the Window1.xaml.cs file when the Selected Index is already set in Expression Blend (0).
Just for fun I changed it to: SelectedValue=”Calibri” in the C# file and left the Selected index in Expression Blend at 0. Now when I run kWordpad the combo box has Calibri set as the defualt but resets to Arial as soon as I begin typing in the rich textbox.
What makes this really odd to me is that if it is being set by the selected index in Expression Blend, then the selected index would have to be set at 9 on my computer in order for it to choose Arial as the default (for me 0 is Abyssinica SIL). So where is it getting Arial from; and how is it that it is ignoring both the SelectedDefaultFont and the SelectedIndex? I realize this may seem tedius, but I just hate not knowing... "to be continued" at the end of a tv show makes me nuts too; I'm seeking help.
So I went into the source and added: "this.MainRichTextBox.Focus();" directly benieth “InitializeComponent” to the Window1.xaml.cs file, so that the rich textbox would already have been ‘clicked’ upon opening and now it works just like wordpad as far as applying styles.
Are you getting similar behavior or not? If its working differently for you, is there any chance you know whats happening here?
Either way, thanks for making me take a second look. And just while I have you on the line, I want to tell you I love the website. The tutorials here are great. Most sites simply give snippits, but don’t give you all of how they achieved this or that feature. So its nice to know that when I start something here, all of the info I need to finish it or get it working is included. I'm looking forward to more in the WPF field.
Thanks again.
P.S. Just as a side note I was curious why you have:
private void SelectDefaultFont()
{
FontFamilyCombo.SelectedValue = "Arial";
}
in the Window1.xaml.cs file when the Selected Index is already set in Expression Blend (0).
Just for fun I changed it to: SelectedValue=”Calibri” in the C# file and left the Selected index in Expression Blend at 0. Now when I run kWordpad the combo box has Calibri set as the defualt but resets to Arial as soon as I begin typing in the rich textbox.
What makes this really odd to me is that if it is being set by the selected index in Expression Blend, then the selected index would have to be set at 9 on my computer in order for it to choose Arial as the default (for me 0 is Abyssinica SIL). So where is it getting Arial from; and how is it that it is ignoring both the SelectedDefaultFont and the SelectedIndex? I realize this may seem tedius, but I just hate not knowing... "to be continued" at the end of a tv show makes me nuts too; I'm seeking help.
dresses The girl took a photo with
vikki76
04-26 02:14 PM
In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
more...
makeup Disney Cartoon Characters
bigboy007
03-05 12:05 PM
i doubt they woould do an inch in our against , Social security , Medical is something we pay without even thinking of it there are more than 300K + in our boat and thats huge money 300,000* 300 on 90000000 thats just social security so no worries relax .
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Googler
02-07 05:53 PM
http://www..com/discussion-forums/i485-1/65787841/last-page/
"I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."
So the USCIS finally knows about it :)
On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)
http://www..com/discussion-forums/i485-1/65831051/
What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.
I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.
I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.
Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.
"I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."
So the USCIS finally knows about it :)
On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)
http://www..com/discussion-forums/i485-1/65831051/
What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.
I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.
I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.
Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.
hairstyles The patterns within the girls
myimmiv
12-17 04:24 PM
No.
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
cygent
07-01 04:45 PM
20K ...is that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?
I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:
I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:
funny
09-16 12:22 PM
It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...
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