americandesi
03-13 04:32 PM
Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
Jerrome
10-19 10:45 AM
I have got the A#. Thanks guys..
is this the number same even to my 140? I guess this number is assigned at the 140 stage.
so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.
is this the number same even to my 140? I guess this number is assigned at the 140 stage.
so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.
Ann Ruben
01-29 11:23 PM
Thomson,
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
reverendflash
10-21 04:15 AM
I'll be good...I promise... :x
Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...
Rev:elderly:
Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...
Rev:elderly:
more...
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
jthomas
02-21 04:12 PM
If you have EAD and have stayed in this country for some years, why don't you try to get unemployment benifits by going to the county office. Secondly, there are more people in this country like you who had lost the job. check the welfare section and check for foodstamps. There is no reason to run back to your country. Face this oppurunity rather than running back.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
more...
gccovet
06-29 02:45 AM
For folks who are past the 180 day period:-
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
InLineOnLine
03-10 06:57 PM
??
more...
thomachan72
11-29 08:44 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
rdehar
02-10 03:17 PM
Whats is your PD, Category and Country of Chargeability ?
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whoever
01-22 12:24 PM
like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?
kris187
07-24 03:36 PM
What happens if i moved twice without informing of address change. Will it still be ok to do it now. I am on H1B with i140 approved. I think I have the address that they have on file.
Thanks.
Thanks.
more...
chi_shark
04-29 05:42 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
sshrika@gmail.com
10-14 09:27 PM
Hello,
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
more...
tabletpc
10-22 10:36 AM
You don't need to worry about anyting...!!!! if RFE comes, explain what you did . Its is understnadable to get confused with rules been applied everday...!!!:):)
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
gc28262
12-17 08:41 AM
My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
Better to comeback by yourself as there is a 1% risk of being turned back from POE.
more...
trueguy
09-19 07:13 PM
US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
hariswaminathan
07-26 12:56 PM
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I'm from OH but visiting Austin TX from 1st to 8th August.
Unfortunately i cannot attend function but i would love to meet up with IV folks in Austin / Round Rock during this time and I would also be ok to fund someone else's seat at the dinner if it helps the cause.
it doesnt seem like a lot of money - why dont we get people to fund an entire table (much more chance of getting some attention)
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I'm from OH but visiting Austin TX from 1st to 8th August.
Unfortunately i cannot attend function but i would love to meet up with IV folks in Austin / Round Rock during this time and I would also be ok to fund someone else's seat at the dinner if it helps the cause.
it doesnt seem like a lot of money - why dont we get people to fund an entire table (much more chance of getting some attention)
brij523
02-21 05:06 PM
Sorry for the confusion.
Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
mikemeyers
05-11 05:18 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
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