Macaca
02-15 01:47 PM
I am responding to some issues raised in the closed thread All big talks about Feb 15th relief (http://immigrationvoice.org/forum/showthread.php?t=3275). I feel that these issues need to be addressed.
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bharad
01-30 04:35 PM
Voted now.
texcan
09-11 10:57 AM
Your attoney should be able to defend your case based on you salary more than PW.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
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gsc999
07-11 01:52 AM
Excellent idea......need only be singles.....:) :)
Yes, and we will make sure flowers are yellow or white. Isn't that the color of friendship.
Yes, and we will make sure flowers are yellow or white. Isn't that the color of friendship.
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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?
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?
wandmaker
06-02 12:17 PM
called all of them, updated the poll.
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kcforgc
04-26 01:30 AM
I looked at the pdf briefly but did not completely understand what changes are proposed for H1b in the bill.
Below are some per my understanding. And also below are questions.
1) Now it looks like H1b requires PERM type recruitment. Is it only for new H1bs or also for extensions & Transfers?? Most of us are already in our 7th/8th year extensions and some others are in 9th & 10th years. It will impact further extensions or transfers and will jeopardize our GC process.
2) These changes would unnecessarily scare away genuine employers as it is like a mini- GC perm process. They may settle for an unqualified or less qualified citizen instead of hiring a highly qualified H1b suitable for the job.
Below are some per my understanding. And also below are questions.
1) Now it looks like H1b requires PERM type recruitment. Is it only for new H1bs or also for extensions & Transfers?? Most of us are already in our 7th/8th year extensions and some others are in 9th & 10th years. It will impact further extensions or transfers and will jeopardize our GC process.
2) These changes would unnecessarily scare away genuine employers as it is like a mini- GC perm process. They may settle for an unqualified or less qualified citizen instead of hiring a highly qualified H1b suitable for the job.
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gcisadawg
04-09 07:09 PM
The Pediatrician told us that she should not take the vaccince based on the manufacturer's literature. They gave us a letter to that effect and the Civil Curgeon then applied for a blanket waiver.
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
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rubiela
11-07 10:45 AM
I have been a victim since october 2004 I am still pending ... as NOvember 05 2007
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dleekha
11-03 08:34 PM
i got rfe for 140 asking for proof for ability to pay.one they have asked for is a tax return which i have got from the empliyer.the other is an audited financial statement for 2007..i understand that u need a cpa for it.anyone knows if just plain financial docs will do or do they have ot be audited.has anyone got it done?any idea about the costs?
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senthil1
02-13 11:55 PM
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
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easygoer
08-25 12:51 PM
ICICI is good at advertising false figures (with our money of course) and SBI is little delayed in updating their websites - does that solves the equation :)
SBI rate is 43.21 for $4001 but i'm sure that's not latest because the website is not updated hour by hour ( like ICICI/R2i/C2i at least do for AD) but I've seen honesty in SBI's dealings when they actually convert $ to Rs. Even if the website shows lower rates they converted my money with higher rates because the market rate was higher during conversion.
I would trust SBI more than ICICI for customer friendly charges. As far as efficiency concern, ICICI may be better. As a merchant banker in India I have dealt with both of them during 90's.
SBI rate is 43.21 for $4001 but i'm sure that's not latest because the website is not updated hour by hour ( like ICICI/R2i/C2i at least do for AD) but I've seen honesty in SBI's dealings when they actually convert $ to Rs. Even if the website shows lower rates they converted my money with higher rates because the market rate was higher during conversion.
I would trust SBI more than ICICI for customer friendly charges. As far as efficiency concern, ICICI may be better. As a merchant banker in India I have dealt with both of them during 90's.
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rajuseattle
12-29 07:20 PM
I just submit my story to the obama-biden transition team.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
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ras
07-02 01:07 AM
This is one of the important threads. It's really time to cleanse the system and imbibe faith in the employer/employee relationship.
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
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mundada
11-13 10:02 AM
If my GC gets rejected 3-4 years from now for any reason (however weird or stupid) then I don't think I would go through the whole GC nightmare once again.
Since this is my last GC application, I would rather use whatever benefits I have to the fullest then simply waste them. ;)
Since this is my last GC application, I would rather use whatever benefits I have to the fullest then simply waste them. ;)
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seekerofpeace
09-16 08:23 PM
Caliguy,
see my thread on "Told to wait till Oct 1st"
One thing is true that life is not fair and USCIS is even more so....it is hard for us who are mostly engineers and scientists out here who always try to seek logic get totally flummoxed by USCIS.
I will keep on calling them and every time I hear a new thing.
We have to be patient..I guess it gets darkest before it is dawn...
SoP
see my thread on "Told to wait till Oct 1st"
One thing is true that life is not fair and USCIS is even more so....it is hard for us who are mostly engineers and scientists out here who always try to seek logic get totally flummoxed by USCIS.
I will keep on calling them and every time I hear a new thing.
We have to be patient..I guess it gets darkest before it is dawn...
SoP
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sc3
08-12 02:09 PM
If you look at the PD progress for EB3 I, the only movement was during March and April 07.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
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kubmilegaGC
09-15 11:14 PM
It seems like its just me and kubmilegaGC left from June 2004. Anybody else from June 04?
We are going to GET THERE @cali - really anyone else with June 04 or prior?
We are going to GET THERE @cali - really anyone else with June 04 or prior?
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DesiGuy
09-17 11:31 AM
back for me too.
they are speaking abt 6020...ours is next
they are speaking abt 6020...ours is next
annsheila79
04-21 07:15 AM
Yes...it proves.
thanks for agreeing with me :)
thanks for agreeing with me :)
micofrost
06-13 04:17 PM
EB3 I is still very unfortunate... I guess this is how the melting pot works... correct me if I am wrong.
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
Out of 9800, it is divided among three equally.Then the left over flows in seral fashion.
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
Out of 9800, it is divided among three equally.Then the left over flows in seral fashion.
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