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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!
    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.




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  • Jerrome
    10-19 10:45 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.




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  • adi787
    08-29 05:57 PM
    Hello RamK

    Can you please let me know, what you did finally?

    I'm in the same boat.


    awaiting for your reply.




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  • chantu
    02-19 07:19 PM
    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

    Thanks vactorboy!



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  • looivy
    08-06 12:55 AM
    What is Sessions smoking?




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  • rahulpaper
    01-09 08:38 PM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf

    Thats interesting...will this new law cover agreement signed before 2007?



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  • joydiptac
    02-15 03:17 PM
    Even I was thinking in these lines. :D Just a few days back I figured that Hyderabad used to be a country even after Indian independence. Even though I am from a different state, I was thinking that people from the former state of Hyderabad should be able to get their own 7% quota. (Hyderabad State - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Hyderabad_State))
    From what I can tell a good % of Indians in the US come from this state. :D
    Should help a lot of people huh? (and reduce the line in front of me how selfless of me) :D

    But your finding on dependency is even better I guess we can add Kashmir and Hyderabad state to it too. :D
    If not ever a reality it makes up for a good joke. :D




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  • jatinr
    09-27 06:50 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.

    FP and 485 will have same receipt number



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  • gc_chahiye
    04-20 01:06 AM
    Hope this answers your question.

    wow! that was such a great description of all the events. Very nice! thanks a lot.

    To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!




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  • damialok
    05-13 01:52 AM
    USCIS will attempt to reconcile multiple 485s and combine them into one app. A lot depends on the A# assigned(should be present on the 485 receipt). If both your receipts show the same Alien number then you should be ok. If not that goes to the 'admin processing' procedure.

    Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.

    NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.



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  • Dhundhun
    06-11 10:05 PM
    I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.

    Return receipt is problem for PO Boxes. This is unattended. Not sure who signs it. Generally they put a paper in Mail Box., and based on that someone will be picking from Post Office.

    This is the reason for it - so it will be delivered.

    I just use delivery confirmation for P.O. Boxes.




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  • permfiling
    08-03 12:44 PM
    Did you get your EAD / AP ?



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  • amsgc
    06-20 12:14 AM
    All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.

    Thank you gondal, for you response.

    So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
    Is your category of J1 also dual intent?

    Thanks.




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  • vxb2004
    09-17 08:12 PM
    If you call, make sure you talk to a level 2 representative.



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  • nixstor
    09-06 10:21 PM
    IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.

    On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.

    Am I feeding a troll? I guess..




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  • Hassan11
    04-15 09:55 AM
    I just gave you some green. Thanks

    Paper filing is best. AP got approved in 40 days from NSC.



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  • dreamworld
    05-05 12:24 PM
    Hi

    I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.

    I would appreciate if someone could give everyone very clear picture of what going on ?

    Thanks
    GCcomesoon

    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.




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  • manjunathpv
    09-21 01:11 PM
    Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.




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  • shantak
    07-18 07:57 AM
    e-filled.
    Thanks

    Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.

    appreciate any suggestions.

    dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.




    billu
    05-01 10:40 AM
    I am on h1b visa and want to buy a property in india. My parents in india will be the POA. Can someone suggest which is better- taking a personal loan from a bank in India or here?Also, if someone has done the same, can u provide the details about how much loan one can get, any good bank to get it and the paperwork etc. thanks a lot.




    beautifulMind
    11-27 04:31 PM
    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning