glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
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Macaca
02-27 12:01 PM
Please post such articles in the News Articles thread along with email of authors. Thanks.
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
rsdang
06-17 09:17 AM
Call customer service - select the address change option and when you get to a customer service agent give them the receipt number and they will verify the information on it. If it doesnt match they will advise you. Then you know if its your receipt number or not.
2011 Dialga, a Temporal Pokémon
darslee
07-11 12:56 AM
I salute you guys!
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cox
October 6th, 2005, 01:52 AM
Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...
little_willy
09-27 01:24 PM
The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.
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Canadianindian
07-14 09:24 AM
It will update on a daily basis..So please keep posting your signatures
Signed and emailed to 10 friends
Signed and emailed to 10 friends
2010 Other: Dialga knew of the
permfiling
08-04 01:05 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
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ecruiser
08-30 11:40 AM
Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
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tennisanyone
07-16 02:18 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
more...
admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
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sku
02-25 01:53 PM
This is the News Letter That I got from my attorney.
-----------------------------------------------------------------
TARP Restricts H-1B Hiring for Funds Recipients
The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:
� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.
� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.
� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.
TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.
The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.
The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.
Effective Date of New Form I-9 Delayed Until April 3, 2009
The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.
Rising Unemployment May Affect PERM Processing
In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.
Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.
E-Verify Start Date for Federal Contractors Extended
U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States
US VISIT Expanded to Include Lawful Permanent Residents
The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.
Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.
-----------------------------------------------------------------
TARP Restricts H-1B Hiring for Funds Recipients
The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:
� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.
� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.
� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.
TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.
The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.
The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.
Effective Date of New Form I-9 Delayed Until April 3, 2009
The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.
Rising Unemployment May Affect PERM Processing
In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.
Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.
E-Verify Start Date for Federal Contractors Extended
U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States
US VISIT Expanded to Include Lawful Permanent Residents
The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.
Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.
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sweet_jungle
10-23 01:02 PM
so brooklyn then?
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
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ras
06-17 01:15 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
more...
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prinive
07-11 12:55 AM
I would like say a BIG THANK YOU for the guys who started this flower campaign and to the members who made this huge success. The credit goes to the guys who started this campaign without any moral support from many members. Thank you guys. The community waiting for GC owe you guys a big salute.
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iv_only_hope
02-08 09:07 AM
One thing I would like to know on those lines assume yours is true that cases do not go to officers unless PD current. So how does it work. Lets say today PD is 2003. Tomorrows VB PD becomes 04. So assume 2 cases one with RD apr 07 and one with may 07 both with same PD 04. Would april case go to him? What if during one month period VB rolls back. If hes not done would he keep case back?
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anu_t
06-17 05:36 PM
I think after 180 Days you should be ok.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
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ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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cr125rider
04-16 01:59 AM
LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D
ajay_hyd
01-25 08:54 AM
Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
sonu9
08-01 12:21 AM
HI , first of all thank you for spending some time on my problem.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
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