sts_seeker
06-04 05:42 PM
Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
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CRAZYMONK
05-17 01:56 PM
thanks for the quick response.
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
Yes you can..
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
Yes you can..
joydiptac
05-14 11:53 AM
Putting lipstick on a Green Card does not make the backlogs go away.
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
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morrisking
03-09 07:48 PM
Thanks for the reply.
Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.
I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.
Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.
I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.
more...
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June 20th, 2004, 10:26 AM
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I need to hand in three photos for my final this week.
These are them. Let me have it. :)
I need to hand in three photos for my final this week.
These are them. Let me have it. :)
small2006
06-03 09:58 AM
I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...
Thanks.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...
Thanks.
more...
h1bapplnt
02-08 06:23 PM
Respected Madam/Sir,
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
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davesmith
01-29 10:19 AM
Thanks for reply. But I am getting confused with GC Category. I have posted this question in new thread.
Thanks a lot for reply.
Thanks a lot for reply.
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Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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moonrah
09-23 03:39 PM
Another question on the form:
In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?
In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?
more...
krishna.ahd
05-01 07:18 AM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
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aioros
05-16 08:30 AM
cool! like the gradients much ;)
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augustus
07-09 04:07 PM
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
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akizdetz
08-10 04:03 PM
I have just received the following email:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCxxxxxxxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!
P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCxxxxxxxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!
P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!
more...
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chakalov
08-02 02:34 PM
Is there any good news for DB Visa in that bill?
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
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ronhira
07-02 06:45 AM
Rest all states should pass similiar law............
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
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humsuplou
11-16 06:29 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
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johnggberg
08-12 10:38 AM
dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck
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f1vlad
03-27 07:20 AM
Thanks, yeah I am looking to use EAD.
sk2010
02-04 05:39 PM
I had entered USA on Advance Parole last year and they didn't ask for EAD.
zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
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