fshah
07-13 10:20 AM
Done
dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
desighee
03-05 10:32 AM
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
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.
more...
shirish
08-16 12:53 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
Not sure how long it will take.
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
RandyK
02-16 10:57 AM
How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?
more...
HRPRO
02-07 10:56 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
bsbawa10
05-31 08:04 PM
Thanks so much .
more...
thomachan72
10-29 04:05 PM
NRE accounts--> interest earned is not taxable in India but has to be reported in your 1040 here.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.
For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.
Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.
reachinus
07-14 12:33 PM
Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
I do agree.
I do agree.
more...
johnamit
06-01 12:21 PM
I always thought EB1 has nothing to do employer and one can self-sponser it :confused:
In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.
In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.
vsattri
07-14 12:12 PM
Question is when was the application posted. 11 th july seems to be the date they processed the application. Not necessarily the recpt date.
more...
kumhyd2
05-19 02:12 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
meet
08-28 10:16 AM
Hello,
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
more...
byeusa
07-11 01:09 AM
I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC
CADude
09-28 11:46 AM
:D:D
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
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.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
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Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
more...
dilusa1
07-18 07:44 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
rb_248
12-13 11:06 AM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
Wow...what a find. You must be a well seasoned professional investigative journalist.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
Wow...what a find. You must be a well seasoned professional investigative journalist.
shentefac
08-05 07:56 AM
Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)
Hinglish
03-05 03:04 PM
No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration
indianindian2006
08-28 02:06 PM
Link not working.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
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