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
wallpaper funny quotes sayings.
krajani2007
02-11 11:01 AM
That's not true.. you H1b may also get approved. But I think that should not be a problem.
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
gceverywhere
04-10 11:36 AM
This may be something that's already been addressed somewhere so my apologies in advance if that's the case
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
2011 emo quotes and sayings about
achu
01-26 11:45 AM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humougous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Well Said. Others please share your thoughts.
Well Said. Others please share your thoughts.
more...
jscris
July 18th, 2004, 10:43 AM
Nice! I think I like the second better, too.
smaram1
08-12 12:42 PM
you might be correct too...I guess we will never get a definite answer for this...
more...
hsingh82
02-15 03:43 PM
If every state was a different country, most of us would not have been here but at the borders fighting each other. India has progressed because of its secularism and diversity. We all would have been either fanatics or supressed by religion as most states would have religious heads governing it.
2010 new love quotes sayings. love
addsf345
11-24 02:13 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
more...
manderson
02-27 08:06 AM
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
this has been discussed before. please research previous posts.
Thanks
this has been discussed before. please research previous posts.
hair osho quotes and sayings
Leo07
10-16 10:40 PM
Thanks All!
I went with regular.I learned that I could upgrade anytime after I receive the receipt. So, if there's any changes as others have warned in the forum, I'll upgrade at that point.
Not sure if my response makes sense to most, but, I wanted to get this done during Nava Ratri. My attorney wouldn't process it Premium way until they receive the physical check in hand. Which means I'll have to push this into next week, I was not ready for that either.
Long explanation, but all who responded and viewed the thread deserve one.
Thanks for responding. BTW, the fee they quoted me was $1250.00 ( 1000 + 250 processing fee)
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
I went with regular.I learned that I could upgrade anytime after I receive the receipt. So, if there's any changes as others have warned in the forum, I'll upgrade at that point.
Not sure if my response makes sense to most, but, I wanted to get this done during Nava Ratri. My attorney wouldn't process it Premium way until they receive the physical check in hand. Which means I'll have to push this into next week, I was not ready for that either.
Long explanation, but all who responded and viewed the thread deserve one.
Thanks for responding. BTW, the fee they quoted me was $1250.00 ( 1000 + 250 processing fee)
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
more...
psaxena
04-07 04:59 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
hot love quotes and sayings for
up_guy
09-27 01:59 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.
Thats not ture. PD can be ported at the time of I-140 filing
Thats not ture. PD can be ported at the time of I-140 filing
more...
house dance quotes and sayings.
lostinbeta
11-18 02:38 AM
Damn that Bob.... if he keeps getting votes he is going to beat me!!!
Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!
CRAP!!!!
:beam:
Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!
CRAP!!!!
:beam:
tattoo love quotes and sayings.
snathan
03-29 11:57 AM
I understand that IV needs the money to get things done. But money is not the only thing IV needs. It needs people to volunteer, make calls, meet lawmakers, participate in rallys, general conference calls and start motivating campaigns like the one availing FOIA. If money contributions are the only way for people to be up-to-date about status of IV activities, then what about the people who contribute in other forms?
IV may get the money needed, but at what cost?
So what do you suggest as the alternate to get the needed fund...?
IV may get the money needed, but at what cost?
So what do you suggest as the alternate to get the needed fund...?
more...
pictures i love you quotes sayings. i
another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
dresses true love quotes and sayings
ItIsNotFunny
02-21 08:06 AM
How can you use I-140 from Company A and 485 from Company B. I think you can't do it.
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
more...
makeup grphx, Quotes amp; Sayings,
aps1
08-24 09:27 AM
Hi,
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
girlfriend jim jagger sayings quotes
haroontabrez
04-15 10:04 AM
TO mbawa2574 & FUNTIMES
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
hairstyles -QUOTES-SAYINGS-d.jpg
WillIBLucky
05-22 03:11 PM
Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
sudiptasarkar
09-14 02:51 PM
I am trying to apply my AP (I-131) renewal. My current AP will expire on Oct 17 2009.
I had few questions about the form. Can someone please answer my queries?
Part 1
Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
Part 3
Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
Q2. Expected Length of Trip: What should I enter for this question?
On Part 7 it says that
"On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."
Thanks
Sudipta
I had few questions about the form. Can someone please answer my queries?
Part 1
Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
Part 3
Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
Q2. Expected Length of Trip: What should I enter for this question?
On Part 7 it says that
"On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."
Thanks
Sudipta
No comments:
Post a Comment