chanduv23
02-01 04:32 PM
Why don't we all put an end to finger pointing and concentrate on what we need. If someone is doing wrong or has followed wrong ways, govt may/may not take care of them, it is upto the govt, why do we always blame fellow citizens or immigrants?
We all know, people immigrate doing manipulation, being illegal, over stay visas, jump fences, modify resumes, etc...... at some stage everyone of us would do some level of manipulation so why finger pointing?
Making our lives better and fixing retro is the goal why drag in consulting companies.
We all know, people immigrate doing manipulation, being illegal, over stay visas, jump fences, modify resumes, etc...... at some stage everyone of us would do some level of manipulation so why finger pointing?
Making our lives better and fixing retro is the goal why drag in consulting companies.
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vsrinir
09-17 11:53 AM
It seems there is now lunch recess at this time
arc
02-01 01:20 PM
Yes I agree with you legal immigration is not only EB category, but EB+spouse+child category is the largest when we say Legal Immigration, plus questions are posed by Engineers & Doctors and that automatically tells the person who is reading that it is about EB category. But you are welcome to form your questions and post and we will make sure that that becomes popular. If you see the situation from where I am standing the glass is half full my friend!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
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vgayalu
02-01 01:21 PM
Here are the few main reasons for retrogression to India and China etc are
1) When H1B quota is 65, 000 the GC visa number is 140, 000 . But when they increased H1B from 65,000 to 195,000 the did not incresed GC visa numbers.
2) There is no country quota in H1B ( other than Chile and one more country for 7,000) visas. So most of the H1b's are issued to few countries like India,China and Philippines. But when we come to GC visa there is country quota.
3) We all know about that ilegal immigrants used some GC numbers which are meant for EB people.
We need to educate the USCIS why and how we are suffering in getting GC.
there is no need and use of blaming Desi companies. I do not support any illegal activities like sale of Labour certifications .
We all know about supply and demand theory which causes black marketing.
Selling of approved labour ( which has old PD ) is also same thing.
1) When H1B quota is 65, 000 the GC visa number is 140, 000 . But when they increased H1B from 65,000 to 195,000 the did not incresed GC visa numbers.
2) There is no country quota in H1B ( other than Chile and one more country for 7,000) visas. So most of the H1b's are issued to few countries like India,China and Philippines. But when we come to GC visa there is country quota.
3) We all know about that ilegal immigrants used some GC numbers which are meant for EB people.
We need to educate the USCIS why and how we are suffering in getting GC.
there is no need and use of blaming Desi companies. I do not support any illegal activities like sale of Labour certifications .
We all know about supply and demand theory which causes black marketing.
Selling of approved labour ( which has old PD ) is also same thing.
more...
roseball
04-18 09:43 PM
Hearty congratulations! Your story is most heart warming
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Here are my case details as well.
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Here are my case details as well.
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
psaxena
03-03 07:13 PM
^^Bump^^
more...
cardamon
09-13 08:25 PM
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
Why don't we think thorough about this great idea?
I have an amendment to it. Basically all I currently care about is work permit for my spouse, even temporary authorization would please us enormously, say for the period of retrogression delay.
If I recall correctly, spouses of people on L visas can work, why do we have to suffer?
Why don't we think thorough about this great idea?
I have an amendment to it. Basically all I currently care about is work permit for my spouse, even temporary authorization would please us enormously, say for the period of retrogression delay.
If I recall correctly, spouses of people on L visas can work, why do we have to suffer?
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gimme Green!!
07-20 04:24 PM
You have been busy!!!
full time job, part time MS, start own company, marriage, 2 kids...
Are you working for someone else now and your own company is on the side?
I have wanted to start some business on the side, but thought that was not possible without a GC.
Can you share your experiences on how you did this?
Thanks,
- Another rotter in DBEC..
Here's what i did. I enrolled myself as a part time student into an accredited college to pursue MS degree as soon as i filed my LC for GC in Feb 2002. This is what i thougt when my GC papers were filed.
By the time i complete my MS degree, i would have my GC in hand. But i completed my MS degree in Dec'04 while my LC was still rotting in DBEC.
Finally when LC was approved in Aug'05 and i thought of starting my own company before filing I-140. But i filed my I-140 papers in November 05 and started my company in Jan'06 along with one more partner who has GC.
My I-140 was approved and at the same time our own company completed our first overseas transaction.
Now i am waiting to file my I-485. Now i am thinking of doing PMP.
Note: 3 good things happend in the meantime since feb 2002.
I got married and i have two kids.
full time job, part time MS, start own company, marriage, 2 kids...
Are you working for someone else now and your own company is on the side?
I have wanted to start some business on the side, but thought that was not possible without a GC.
Can you share your experiences on how you did this?
Thanks,
- Another rotter in DBEC..
Here's what i did. I enrolled myself as a part time student into an accredited college to pursue MS degree as soon as i filed my LC for GC in Feb 2002. This is what i thougt when my GC papers were filed.
By the time i complete my MS degree, i would have my GC in hand. But i completed my MS degree in Dec'04 while my LC was still rotting in DBEC.
Finally when LC was approved in Aug'05 and i thought of starting my own company before filing I-140. But i filed my I-140 papers in November 05 and started my company in Jan'06 along with one more partner who has GC.
My I-140 was approved and at the same time our own company completed our first overseas transaction.
Now i am waiting to file my I-485. Now i am thinking of doing PMP.
Note: 3 good things happend in the meantime since feb 2002.
I got married and i have two kids.
more...
Robert Kumar
04-19 05:26 PM
Actually I know someone who got it even faster.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
How many days is it taking for labor to clear these days.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
How many days is it taking for labor to clear these days.
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black_logs
04-08 09:51 AM
After meeting several administrative and Lawmakers staff, we concluded there's no legislation that can help people waiting for Labor Cert from BECs. But we thought if people get 3 year H1B ext. Atleast they can move on to new jobs etc and file in PERM etc. It will be a big relief.
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
more...
Karthikthiru
09-17 11:28 AM
Audio is back
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485Mbe4001
11-05 01:38 PM
Wow, you must have written some letter... This is the first time that i have heard someone getting a call about NC from the presidents office.
You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.
Thanks,
Donald Bradman
You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.
Thanks,
Donald Bradman
more...
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panky72
06-17 11:24 PM
I have talked to IMG sales rep, he said they won't cover for pre existing conditions. He also said that as far as his knowledge is concerned there is no company out there that covers pre existing conditions when I asked him about it.
My final assumption is that any insurance we buy anywhere, just covers illnesses that are developed after the coverage starts.
Any corrections??
India health network policy underwritten by AIG covers preexisting conditions for $20K for extra premium. It covers only acute exacerbations of preexisting conditions.
My final assumption is that any insurance we buy anywhere, just covers illnesses that are developed after the coverage starts.
Any corrections??
India health network policy underwritten by AIG covers preexisting conditions for $20K for extra premium. It covers only acute exacerbations of preexisting conditions.
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GCDo
05-09 10:51 AM
For that matter nothing is an achievement. if Some one gets a baby everyone greets him. Is that an achievement? If you buy a house you are happy. Is that an achievement? For some people coming to US was an achievement. Some people think getting a green card. We see all congratulation message when someone get his GC.
So Please be broad minded. It may be nothing for you. But for some people it is an achievement. People like me are happy by achieving small things. This may nothing for you But it is good reason for the celebration for the people like us.
Great achievement . Guys are not able to get GC in 10 years and this guy has got Citizenship in 10 year.
So Please be broad minded. It may be nothing for you. But for some people it is an achievement. People like me are happy by achieving small things. This may nothing for you But it is good reason for the celebration for the people like us.
Great achievement . Guys are not able to get GC in 10 years and this guy has got Citizenship in 10 year.
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i4u
11-23 11:57 AM
Thank you for your inputs....However, not sure if it helps. I have to get my mother here - if not immediately, sometime in the near future. She has diabetes and almost every thing that happens medically, it can be related to diabetes technically! Which is why I have to have insurance.
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
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vxb2004
07-18 08:40 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
more...
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letstalklc
09-11 02:18 PM
Just a correction SBI charges Rs. 25 for every transaction whether < 1000 or more.
Service charge of Rs.25/- (inclusive of Service Tax @ 12.36%) will be levied on every transaction where foreign currency conversion is carried out w.e.f. 16 May 2008.
As per experience, they will not charge if you transfer money directlty into SBI branch in India and if it is Greater than 1000 USD into other than SBI branch, they will not charge even that 25 rupees service charge... It was my experience till last week....you can check with customer support specailist on this.....
Service charge of Rs.25/- (inclusive of Service Tax @ 12.36%) will be levied on every transaction where foreign currency conversion is carried out w.e.f. 16 May 2008.
As per experience, they will not charge if you transfer money directlty into SBI branch in India and if it is Greater than 1000 USD into other than SBI branch, they will not charge even that 25 rupees service charge... It was my experience till last week....you can check with customer support specailist on this.....
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Humhongekamyab
07-03 10:36 AM
THOSE ARE GOLDEN WORDS.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
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unitednations
03-31 11:51 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
desi485
11-09 11:25 PM
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).
snathan
05-12 11:37 PM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
I would have taken it seriouly if you didnt spend six years in the US and did not run away to the Canada. Atleast if you gone back to india, it makes much more sense.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
I would have taken it seriouly if you didnt spend six years in the US and did not run away to the Canada. Atleast if you gone back to india, it makes much more sense.
