Wednesday, June 8, 2011

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  • seemashah
    02-21 04:17 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.





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  • bpratap
    02-03 11:05 PM
    Juz curious if there is an option to get a Visitor visa without attesting the interview at consulate.

    some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.

    Anybody have any similar experience / information ?





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  • roseball
    10-17 07:55 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!

    What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.





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  • gbof
    09-01 04:11 PM
    Congrats to you....I am still waiting.

    Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?



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  • ekkatip
    10-13 01:43 PM
    My case is also similar.

    Applied labor in 2002 under Eb3 category
    I-140 approved in 2006.


    Applied labor in 2007 under EB2 category( same Company)
    Applied I-140 Eb2 and requested to port EB3 Priority date.
    I-140 got approved but did not port EB3 priority date.

    Applied I-485 in 2007 using eb3 labor and I-140.


    As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
    My attroney sent SR last month to port priority date on EB2 I-140.
    I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
    Still waiting for response.
    I don't know how long USCIS will take to port PD.

    Ekkati





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  • bogy
    05-25 01:31 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)



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  • rjgleason
    October 26th, 2005, 05:09 AM
    I always enjoyed the Hyatt at Embarcadero Center and would probably stay there......If we are talking sometime in December I would hope we could firm up some dates soon so reservations can be made....Example if we made a date for Sat December 10th weekend I would arrive sometime on the 9th and then leave Tuesday 13th or Monday 12th.

    I also may consider a round or two at Peeble Beach/Spanish Bay not to interfere with our weekend, but afterwards.

    NSC I-140 processing times [Archive] - Immigration Voice

    View Full Version : NSC I-140 processing times






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  • ponnuswamyp
    10-30 01:53 PM
    If the ASC does not have much applicants waiting for services then they may service your case regardless of the time scheduled. Just make a visit and try.

    I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.



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  • senthil
    06-15 12:52 PM
    as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?

    in other words can we take it for granted that the dates will NOT move back till the last working day of july 07

    any ideas / inputs ?





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  • GCBoy786
    09-13 09:23 AM
    Congrats! vempati...

    Guys, any update on receipts whose I-140 is approved at NSC and (R.MICKELS, 9:01, July 2nd)... I am still waiting on mine...



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  • StukAtBEC
    08-11 09:22 AM
    If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

    Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.





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  • ngopikrishnan
    06-24 10:51 PM
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  • chanduv23
    12-18 10:01 AM
    Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST





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  • GCaspirations
    09-22 10:03 AM
    Looks like our cases are stuck somewhere because of these transfers and donot know how long will it take to come in the streamline.



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  • logiclife
    02-19 11:42 AM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


    Which one is best to do ? Your suggestions please.

    This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.

    That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.

    So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.

    Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.

    1. Future laws. What if EB2 percentages decrease?
    2. EB1 spillover. How many EB1s are unused and spill over into EB2.
    3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
    4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.

    It is IMPOSSIBLE to predict which one would be better off. Impossible.





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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.



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  • rangaswamy
    06-29 12:51 PM
    all paper work almost done but waiting for updated passport





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  • krishna.ahd
    06-18 06:47 PM
    Gurus,

    Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

    Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

    What are pros and cons..

    Please help..
    As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??





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  • my2cents
    09-30 12:58 PM
    If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?

    if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.

    if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.

    3) 1 1/2 yrs is the current H1-B status


    Thanks
    Karthik[/QUOTE]





    dc2007
    08-05 12:56 PM
    It was less than year. See answers below..

    When was ur recent visa issued?
    My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.

    If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
    This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.

    Question is: What US Address should I show - which are in my tax-return ?

    ____________________
    Contirbuted $280 so far





    BMS1
    09-19 01:09 AM
    Thankfully there is a concept called pre-adjudication which makes any retrogression wait run parallel to all the other delays combined like RFE,security/name check etc. So the total wait time is just one of the all the above waits that happens to be the longest. They just do not add up.



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