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.
glus
11-19 01:10 PM
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
Hello GcDreamer05,
Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.
Regards,
did you check with your attorney, if she absolutely has to do h4 renewal.
Hello GcDreamer05,
Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.
Regards,
jnagendra
10-05 06:23 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
GCA
07-12 12:25 PM
Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
more...
yagw
06-04 12:21 PM
The URL link do not work.
try this:
http://www.californiachronicle.com/articles/yb/131020287
try this:
http://www.californiachronicle.com/articles/yb/131020287
archpai
12-16 09:16 PM
There is on Ajay chaudhury in houstan.
more...
Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
more...
hoosier07
07-25 04:25 PM
Hello folks,
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
rajeshalex
09-24 11:06 AM
I had received response to 140 stating pending background name check.
Here is the exact lines
"USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."
I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC
Anyway I will wait for another 120 days
Here is the exact lines
"USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."
I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC
Anyway I will wait for another 120 days
more...
ivgclive
04-23 06:09 PM
I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
anilsal
12-19 10:41 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
more...
dyamannavar
11-28 10:15 AM
I had a LUD on I140 as well on 11/25. I140 was approved last year.
Rajeev
Rajeev
gc_kaavaali
06-03 03:46 PM
please help
more...
InTheMoment
08-17 10:19 AM
That is unfortunate. I hope everything gets taken care for you and you get the receipts.
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor’s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn’t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn’t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor’s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn’t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn’t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
Templarian
08-19 10:05 PM
^Nice work man. I think the hardest part about this little bugger is its nose/mouth. Lets see if anyone else can think of a nice way.
more...
snthampi
05-07 11:20 AM
What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
He has to pay them only if he signed a contract.
These consulting firms are run mostly by bums and will always try to rip people off.
Before start paying, he should have consulted Department of Labor to find out if he really needs to pay and whether company A can demand such terms? These bums take advantage of people who get scared of them.
OP, if they continue to mess with you, try to get in touch with Department of Labor.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
He has to pay them only if he signed a contract.
These consulting firms are run mostly by bums and will always try to rip people off.
Before start paying, he should have consulted Department of Labor to find out if he really needs to pay and whether company A can demand such terms? These bums take advantage of people who get scared of them.
OP, if they continue to mess with you, try to get in touch with Department of Labor.
satyasaich
06-23 02:17 PM
In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.
longq
03-29 11:09 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
doggy
07-22 06:44 PM
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
xlxoel
06-08 01:06 PM
lc03:
The RFE came with a YELLOW PAGE with the following information:
SRC XXX-XXX-XXXX
PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:
USCIS / TSC
P.O. BOX 279080
DALLAS, TX 75227-9080
So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.
The RFE came with a YELLOW PAGE with the following information:
SRC XXX-XXX-XXXX
PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:
USCIS / TSC
P.O. BOX 279080
DALLAS, TX 75227-9080
So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.
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