desi3933
06-22 08:15 AM
Hello:
The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.
I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.
I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?
Appreciate you feedback. Thanks,
Is your salary higher than offered wages since PD month-wise? There could be a way out.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.
I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.
I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?
Appreciate you feedback. Thanks,
Is your salary higher than offered wages since PD month-wise? There could be a way out.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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GreenCard4US
08-23 02:39 PM
Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
tonyHK12
03-29 03:27 PM
thanks for contributing gclabor07. We have reached only about 50% of our funding goal
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caliguy
10-29 11:56 AM
@ leoindiano & others....
I just sent an email 5 minutes back for all emails I got after 11 PM last night. Please check your email, you should have received the sample letter.
For all of you who have sent me a msg to send you the sample letter and not provided me an email address, please send me a message again with your email address.
Good luck!
I just sent an email 5 minutes back for all emails I got after 11 PM last night. Please check your email, you should have received the sample letter.
For all of you who have sent me a msg to send you the sample letter and not provided me an email address, please send me a message again with your email address.
Good luck!
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thakurrajiv
07-30 01:53 PM
NYSE:GLD : SPDR Gold Trust holds physical gold
NYSE:SLV : iShares Silver Trust, the assets consist primarily of silver held by the custodian on behalf of the Trust.
SLV profile in yahoo mentions it tries to hold instruments to match SLV performance.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
NYSE:SLV : iShares Silver Trust, the assets consist primarily of silver held by the custodian on behalf of the Trust.
SLV profile in yahoo mentions it tries to hold instruments to match SLV performance.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
rdehar
09-15 08:41 PM
..
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raj2007
06-15 01:00 AM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
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sathyaraj
11-06 01:59 PM
Sen Grassley makes sense to me. It looks like he has thorughly studied the program. If he is really concerned to stop the abuse in H1B program then
a. H1B visa should be decreased
b. EB visas should be doubled
c. Current backlog should be cleared by recapturing visas.
If we are all on the same level playing field, then there will not be a chance of lower wages & the employers will only recruit based on true skills.
In either case, Americans need to be more competitive, rather than just crying that I am replaced by a H1-B. Why would any employer sponsor an H1B visa when he has equally qualified US citizen.
Hope the senator understands both the sides of the same coin, just reforming H1B will not help much. It will result in outsourcing. EB visas should be doubled.
a. H1B visa should be decreased
b. EB visas should be doubled
c. Current backlog should be cleared by recapturing visas.
If we are all on the same level playing field, then there will not be a chance of lower wages & the employers will only recruit based on true skills.
In either case, Americans need to be more competitive, rather than just crying that I am replaced by a H1-B. Why would any employer sponsor an H1B visa when he has equally qualified US citizen.
Hope the senator understands both the sides of the same coin, just reforming H1B will not help much. It will result in outsourcing. EB visas should be doubled.
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shree772000
10-10 12:14 PM
Hi,
Which bank offers best interest rate for fixed deposit in india.?
What is treasury bond?? How could we invest in it?
ICICI has some very good interest rates. I like them because they have online access to your account which most of the indian banks don't.
Which bank offers best interest rate for fixed deposit in india.?
What is treasury bond?? How could we invest in it?
ICICI has some very good interest rates. I like them because they have online access to your account which most of the indian banks don't.
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java06
01-31 10:06 AM
done
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Leo07
12-01 01:18 PM
Folks,
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
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srikondoji
04-29 08:13 AM
Thanks
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cashah19
06-15 01:16 AM
Yes she needs to be here to file I-485 and then she can leave and stay there..
Thanks for the reply, I am assuming she has the same requirements as me in terms of medical , right which means another 2 weeks after she arrives. If she can't make it here in July, can I file under CP for her. Would she then get her EAD at the same time as me. I have been trying to get in touch with my lawyer but he's not there, and I want to make sure I add her in before the dates get retrogressed again.
Thanks for the reply, I am assuming she has the same requirements as me in terms of medical , right which means another 2 weeks after she arrives. If she can't make it here in July, can I file under CP for her. Would she then get her EAD at the same time as me. I have been trying to get in touch with my lawyer but he's not there, and I want to make sure I add her in before the dates get retrogressed again.
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bugsbunny
04-20 01:15 PM
I assume you've likely never studied in India though. An bachelor's degree in engineering is not very expensive, if you have good grades.
10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.
i graduated more than 10 years ago...with an Engineering degree...i know about the $100-200 merit seats...which were extremely difficult to get. I could have gotten the merit seat in a lower ranked college but chose a better college. It applies to only the top 5% or less of the total applicants. You don't get to the top 5% without spending a small fortune in private coaching ...why... because your regular teachers hardly make an attempt to teach you well...and they are the same ones who make lot more money in private coaching.
Anyways even with the very little $100-200 "almost impossible to get" merit seats there are plenty of other expenses for engineering. This is out of the question if your family is not in lower middle class economically atleast.
10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.
i graduated more than 10 years ago...with an Engineering degree...i know about the $100-200 merit seats...which were extremely difficult to get. I could have gotten the merit seat in a lower ranked college but chose a better college. It applies to only the top 5% or less of the total applicants. You don't get to the top 5% without spending a small fortune in private coaching ...why... because your regular teachers hardly make an attempt to teach you well...and they are the same ones who make lot more money in private coaching.
Anyways even with the very little $100-200 "almost impossible to get" merit seats there are plenty of other expenses for engineering. This is out of the question if your family is not in lower middle class economically atleast.
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hybrid101
06-09 07:41 AM
Heres mine. Not too good though.
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srikondoji
05-24 01:06 PM
This will not pass.
However, if programmers guild is proposing such laws from H1-B aspirants, then why not propose similar proposal for each and every tech worker?
Let us see how many even will vote 'yes'.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
However, if programmers guild is proposing such laws from H1-B aspirants, then why not propose similar proposal for each and every tech worker?
Let us see how many even will vote 'yes'.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
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punjabi77
08-11 12:09 PM
EB3I- PD Sep-2006
EAD stuck in name check :-(
EAD stuck in name check :-(
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desi3933
08-26 05:13 PM
Since this discussion has been going on for 5 pages, i thought ill add my 2c.
Firstoff i haven't gone through all 5 pages so if someone already mentioned this, please don't jump on me. You can create an SBI account called SWIFT account. They will give you an account number and a SWIFT code for the bank.
You can then initiate a wire transfer from any bank in the US. They charge a flat rate of around 35-45$. The good part is, you can have the money sent in $ to your local account. They say it takes 3 days but it never takes more than one day for me.
The money is saved in FD as dollars and earns you interest if you leave it for 11 months. If you need to convert it any time, you have to forgo the interest (as with any FD) and you can get the closing exchange rate of the previous day.
This has many advantages
1) one simple fee of 35$
2) In case you want to bring back the money to the us, since it is kept as dollars, you can transfer it back without any hassle. (To keep it in dollars , you may have to provide this as a special instruction)
3) Folks back home have control on exchange rate, they can cash it any time it is high
4) Takes less than a day in most cases.
If you do the math, you will see that this is better than icici when you are sending 4000$ or more approx. icici does not take fees upfront but they always give you almost 50p less than exchange rate.
I have used this 4 times so far and its very reliable.
Thanks.
There are some banks (e.g. Washington Mutual Bank) that offer Free outgoing wire transfer for both domestic as well as International.
Just FYI and I suggest that you do your research before acting on it.
________________________________________
Proud to be Indian-American and Legal Immigrant
Firstoff i haven't gone through all 5 pages so if someone already mentioned this, please don't jump on me. You can create an SBI account called SWIFT account. They will give you an account number and a SWIFT code for the bank.
You can then initiate a wire transfer from any bank in the US. They charge a flat rate of around 35-45$. The good part is, you can have the money sent in $ to your local account. They say it takes 3 days but it never takes more than one day for me.
The money is saved in FD as dollars and earns you interest if you leave it for 11 months. If you need to convert it any time, you have to forgo the interest (as with any FD) and you can get the closing exchange rate of the previous day.
This has many advantages
1) one simple fee of 35$
2) In case you want to bring back the money to the us, since it is kept as dollars, you can transfer it back without any hassle. (To keep it in dollars , you may have to provide this as a special instruction)
3) Folks back home have control on exchange rate, they can cash it any time it is high
4) Takes less than a day in most cases.
If you do the math, you will see that this is better than icici when you are sending 4000$ or more approx. icici does not take fees upfront but they always give you almost 50p less than exchange rate.
I have used this 4 times so far and its very reliable.
Thanks.
There are some banks (e.g. Washington Mutual Bank) that offer Free outgoing wire transfer for both domestic as well as International.
Just FYI and I suggest that you do your research before acting on it.
________________________________________
Proud to be Indian-American and Legal Immigrant
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arunmohan
05-25 03:35 PM
This bill is only for FB. IV has to give some direction on this bill so that we can push to include EB too in the bill.
mirage
08-19 04:28 PM
And that's never gonna happen. All Green Card seekers have stopped filing in EB-3, they are somehow managing to file in EB-2 by hook or by crook. So until congress changes any Law, every single spill over visa will be consumed by EB-2s and EB-3 India is not going to get a single spill over Visa...
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
annsheila79
04-19 09:52 AM
i think you should be ok