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  • gc_for_desi
    04-14 03:00 PM
    I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.

    My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.

    I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.

    There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.

    In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.

    They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.

    In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.

    Starting of 2008, i got another good hike and am way above the proferred wage.

    Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.

    My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.

    Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.

    Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....

    Any replies are appreciated.... Thanks





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  • paskal
    03-13 10:22 AM
    Don't worry - IV core will appear out of the blue when:
    1)- there is a good news - to claim the responsibility (regardless whos efforts)
    2)- when they are in urgent need of funds (don't ask just give)


    Local chapter is a joke for most of the states, in my state there were only 2 meetings in 6 months and in second no one came including organizer :D
    So basically by not joining local chapter you are not missing anything! trust me :)

    Read/Write => Enjoy IV, Don't compain



    yup it would serve your purpose better if the "core members" sat around at your service to answer your daily whinings...now that would be great right?
    btw if people did not come to chapter meetings who is responsible? the leadership is voluntary and does what it can along with their regular jobs and life committments. those like you that perpetually whine and won't lift a finger need to ask some hard questions of yourself though. either this is a grassroots effort or it will certainly fail. fortunately there are members more committed than you who are actually doing things to help themselves even as i speak. there are meetings on with lawmakers and the admin changes campaign is moving. one state chapter has held a lobby day in DC this month and others are all set to hold their own efforts. if your chapter is defunct, help to give it life. or you could slink back into your hole of course...after complaining about others...





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  • ak27
    06-14 11:10 AM
    There is no reason for AOS interview. So many people were have been called for interview.. My I-485 is Employment based... I don't have any arrest or anything else on my records... My BC was cleared after 2007 filings so I am not sure why they will delay it second time...





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  • never_giveup
    09-17 11:01 AM
    The proceedings have not started yet. I see people moving in and out.
    Reminds me of the Govt Offices in India. Doesnt look much different here !!!

    And they are probably gonna take a break at 12 for lunch .. lets c!!!



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  • minimalist
    03-31 12:53 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    Kepp up the good work.





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  • eb3_nepa
    02-22 05:49 PM
    Guys lets face it, Currently we are up against a wall. This is absolutely THE worst time when it comes to immigration. We have to be quite careful about the kinda steps we take esp when it comes to immigration as the lawmakers have bundled us up as a banner of "immigrants".

    Is there any pacca news on the date when the Senate take up this "immigration reform" bill? The extremely sad truth is that we can ONLY TRY. This is NOT in our hands and we have NO bargaining power here. That makes it all the more necessary that QGA guides us all the way and that we can pay for QGA all the way. A quick q to the gurus. Right now what is the status with QGA? I mean we have 30k they need 200k. So till we pay 200K they do nothing or are they doing this in steps like for 50K we take u to point A and for 50K more we take u to point B etc? Often my friends and people i talk to ask me that question and come up answerless :)

    Please dont get me wrong, i m in NO way quitting or bringing people down, just keeping in touch with reality. :)



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  • chanduv23
    04-28 01:46 PM
    UN,
    Have there been any updates on this case that you are at liberty to share?

    Thanks in advance.

    Ok, lets not confuse this case with Ability to pay and get worried about that stuff. I spoke to another person who contacted me and is having the same issue. His 140 was revoked 2 years back and at that time he got a NOID and responded in a timely manner and he was fine. Now he has a denial on 485 stating that his 140 was revoked 2 years back.

    This person is neither desi nor did he worked for desi consulting company or had ability to pay issues and has applied for MTR and waiting.

    All that float on internet is "indivisdual prespectives" and "interpretations". So do not think too much about it.

    AC21 guidelines are clear - you can refer to them on DHS website, Ombudsman's page, USCIS website etc....

    From what I have been seeing and as I did a lot of research and continue to do, 140 revocation and 485 denial does have a pattern and this seems to be a procedural or a serious training issue.

    Thats why IV core suggests that we have to collectively gettogether and fix this issue and any other issue.





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  • srikondoji
    10-07 12:08 PM
    I partially disagree with your analysis on markets in India. Icici and SBI are facing the problem of defaulters these days. Banks there have mimicked the model in United States and there are amny loans that had less than 10% downpayment.
    I can tell you in Hyderabad that many flats in and around madhapur are upwards of 45 lakhs.
    These prices will fall given the number of flats still unsold. There are amny unsold houses worth above 1 Cr and they are gonna come down.
    --sri
    You have to understand how the market in India operates versus how it is run in developed countries especially in USA. I don't know if you noticed, but all the property transactions are conducted on credit in USA with minimum persnal contribution ( i.e. down payement). And now in hindsight, we all can understand how this practise was reason for bubble-brust. As an interested home-owner looking for houses currently, I have first hand experience. I say that beacuse people out-bidding me, even in todays market conditions, are putting down zero amount in down payment and in-turn even financing closing costs. So when you have minimal of personal equity at stake, it bothers you least to take risks on other peoples ( say banks) money.

    Now lets go to India, and I will stick to North-India, as that's where I have first hand expereience from. Go and talk to any property dealer and enquiry about properties. Wait for few weeks and return to find the rates have gone up. Well lets assume, you agreed upon the sale price and are now ready to conduct transaction. The property dealer is not going to ask you for SS number to check credit wortheness, but rather will ask for cash amount. You pay cash, you have the papers else don't waste time. So with business model, their is little risk involved and hence property business in North-India remains sizzling hot.

    If you can afford you must buy piece of land in North India. ALthough maintaining it always remains challange as their are no laws protecting you from Rich-Police-Politician gangs.



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  • kbsyed61
    03-27 12:30 PM
    Today (3/27) I saw a soft LUD on my case and wife's case. Strangely my daughter didn't have one. All 3 were filed at same time - July 02/2006.





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  • h1b_alex
    03-28 11:21 PM
    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.



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  • nomad
    07-16 02:11 AM
    Signed petition yesterday.


    Also, if you can, please try to post feedback about the show on CNN's website.

    http://www.cnn.com/feedback/cnntv/

    Select Lou Dobb's show.





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  • snram4
    01-20 10:42 PM
    There will be always fear that good people also will be impacted. If the person and company are geneuine then they can provide enough documentation to escape from regulation. If the person is good and company is bad then he can change the company.
    I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this


    You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.



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  • cowboy
    07-18 01:55 PM
    thank





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  • StuckInTheMuck
    04-28 10:39 AM
    One more point:

    Know when your GC and passport expires so that you can renew it. :)

    Getting a GC does not mean you can ignore all your immigration issues.

    Abso-lute-ly :) Thanks pappu, your point is added.



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  • americandesi
    07-27 06:21 PM
    My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

    I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

    Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

    We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

    I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

    (1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
    - (Supporting Evidence : Tax Returns).

    (2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
    - (Supporting Evidence : Audited Financial statement)

    (3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
    - (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

    Ours is a small company and doesn't have net income or net assets matching the proffered wage.

    Can anyone please answer this question?





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  • kartikiran
    08-15 05:34 PM
    I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...

    Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:



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  • induabhay
    01-13 08:49 PM
    Folks

    Is there any person on IB who can express concern vividly and also suggest solutions eloquently? Also is there anybody else with media contacts who can get this person some prime time explosure? What do you guys think about the idea? IB has been doing a good job of pushing our case with the legislature. Should we now look at puhsing the case with media?





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  • jkays94
    05-25 02:35 PM
    So please ask for your rights but remember you are in their country, nobody forced you to come here, and beggars can't be choosers.

    Not everyone is an economic refugee and it should never be assumed to be the case or status quo. We pay taxes just like everyone else while some invest here and have a right to be represented by whomever makes decisions in congress besides we do pay taxes that goes towards their salaries and maintaining congressional offices. What would the US be like if the founders of immigrant founded or co-founded companies had decided to found their companies in other countries ? What if Google, Ebay, Intel were Russian, French or Hungarian companies instead ? Your point is not lost though, immigration is a priviledge not a right. If they deny us this priviledge we shall reluctantly leave but it should not assumed that we shall be the one's to suffer instead this economy will feel that impact. This is a global economy with many opportunities out there.

    I wonder if the bashers of the H1-B program knew that :

    More than 82,000 U.S. workers and professionals have completed training through programs funded by the H-1B fees as of December 31, 2005, according to the Department of Labor Employment and Training Administration. In addition, the Bush Administration recently has used the H-1B fees to provide multi-year grants to communities for training and economic revitalization. Through the WIRED (Workforce Innovation in Regional Economic Development) initiative, the U.S. Department of Labor is providing $195 million in grants to thirteen regional economies.

    or that :

    The H-1B fees paid by companies have funded more than 40,000 scholarships for U.S. students in math and science through the National Science Foundation. The fees obtained from employers have also funded hands-on science programs for 80,000 middle and high school students and 3,700 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.





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  • NNReddy
    04-18 07:04 PM
    I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)





    never_giveup
    09-17 12:09 PM
    If you have issues watching it, try the below

    Tools > Preferences > Connection > Network Transports
    Check Manually Configure connection settings

    Click on RTSP Settings, uncheck everything except "Attempt to use HTTP"

    Do the similar for PNA Settings.





    fromnaija
    09-29 01:45 PM
    You get that description text box if you register as a Representative instead of as a Customer.

    My apologies :eek:
    I wish they could add one text box next to each petition and add my own description.



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