aruny5
06-14 08:17 PM
I called all representative's office. Called all Hispanic causas Representative too. I called Alabama Congressman Jo Bonner's office...........Also called Alabama Senator Jeff Session's and Senator Richard Shelby's office. My wife will call them from different phone.
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GCstuck
08-28 09:06 AM
On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
baskarans
03-30 02:52 PM
Got Two soft luds on mine and my wifes one on 3/17 and one on 3/18 no RFE or anything yet. People who say they got RFE after Soft lud could you Please Post how long after the soft LUDS you got RFE (hard LUD)
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fide_champ
12-11 10:54 AM
Dont loose heart, usually in December things seem slow. Even I had delay experience few years ago
Thanks deardar but at this point i need more than just words of encouragement.
Thanks deardar but at this point i need more than just words of encouragement.
more...
logiclife
04-17 05:27 PM
^^^^^^
scorpion00
08-13 05:56 PM
What a stupid post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
more...
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.
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nitinboston
05-12 05:05 PM
I didn't meant to hurt feelings here. and i know how Canada is less opportunity for IT folks. but just couple more points.
1) if number of jobs was criterion, India has far higher number of jobs in IT then US, so people should be rushing bk to India which is not the case. I don't think number of Jobs available in US is why people wanna live here. Even if it takes year or a little more, at least Canadians are transparent about the process.
2) I know everyone here is well read and well educated. Read up about AUS, NZ, Canada and few other countries which have point bases system, they are not under developed or backward in any way. Wikipedia might help.
And please read carefully, my wife is on another beauty of a status called H4B, i mentioned clearly i know how easily people got their H1B's through consultants.
1) if number of jobs was criterion, India has far higher number of jobs in IT then US, so people should be rushing bk to India which is not the case. I don't think number of Jobs available in US is why people wanna live here. Even if it takes year or a little more, at least Canadians are transparent about the process.
2) I know everyone here is well read and well educated. Read up about AUS, NZ, Canada and few other countries which have point bases system, they are not under developed or backward in any way. Wikipedia might help.
And please read carefully, my wife is on another beauty of a status called H4B, i mentioned clearly i know how easily people got their H1B's through consultants.
more...
addsf345
11-10 02:25 PM
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
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wandmaker
06-02 12:17 PM
called all of them, updated the poll.
more...
mallu
10-11 11:31 PM
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .
May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .
May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".
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meghanap2000
10-30 05:18 PM
I can unload a whole dictionary of the choicest words on you, however my advice to you is to open another thread where I am sure you will get your question answered.
then in the first ..why did not you put your reply to the question asked. what is the need tofor you to be sarcastic..gootle....
Looks like you dont ahve any business other than commenting others...
then in the first ..why did not you put your reply to the question asked. what is the need tofor you to be sarcastic..gootle....
Looks like you dont ahve any business other than commenting others...
more...
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Humhongekamyab
07-02 03:08 PM
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releases/February%202007/070214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
I think out of these three only one is mentioned in the list.
Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA14A.HTM
http://www.oalj.dol.gov/PUBLIC/INA/DECISIONS/ALJ_DECISIONS/LCA/03LCA10A.HTM
Sorry the list is endless:
http://www.visaportal.com/page.asp?page_id=175
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InTheMoment
10-27 12:47 PM
Congrats alterego !
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
more...
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nojoke
10-09 04:54 PM
Before I go any further, please read my disclaimer. The views are soley directed towards local market I am aware of and interests in i.e. GMADA ( Punjab/ Chandigarh area) and in no-way should my views/ opionion be applied to flats in Bombay/ Banglore or Hyd etc. With that said, hear me out.
Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.
With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.
With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!
Your theory that land values never fall in india is not true. Here is the proof. It is a question of affordability. Even if the population explodes and since most of them are poor, there is no justification for such high price appreciation we had in the last 5 years.
http://www.ciol.com/content/news/2006/106042710.asp
-------------------------------------------------------------
�From the peak level, prices started plummeting in 1995. Between 1995 and 2000, the property bubble built on speculations burst and prices declined by almost 30�40 per cent all across India, including Bangalore. There was a slight recovery in 1999-2000 period, riding on the dotcom boom.�
Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.
With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.
With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!
Your theory that land values never fall in india is not true. Here is the proof. It is a question of affordability. Even if the population explodes and since most of them are poor, there is no justification for such high price appreciation we had in the last 5 years.
http://www.ciol.com/content/news/2006/106042710.asp
-------------------------------------------------------------
�From the peak level, prices started plummeting in 1995. Between 1995 and 2000, the property bubble built on speculations burst and prices declined by almost 30�40 per cent all across India, including Bangalore. There was a slight recovery in 1999-2000 period, riding on the dotcom boom.�
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Kushal
06-02 10:10 PM
Good going folks!!....this is the first time the polls look positive...
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
more...
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Ankou
06-09 04:18 AM
Thanks B3NKobe. I've been meaning to jump in on a battle here and this seemed like the perfect one to try (my first ever!). The image you picked was easy to work with... which was very nice.
I really wanted to do something with the big ugly grey button, but figured it might be considered more like a mod and not a skin. So I just left it.
I really wanted to do something with the big ugly grey button, but figured it might be considered more like a mod and not a skin. So I just left it.
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coopheal
03-14 01:03 PM
You probably can't ask to stop portability from EB3 to EB2 or EB2 to EB1. But you can ask for if filers from EB3 goes to EB2, they can't keep the PD from EB3 but get a new PD for the date USCIS process their EB2 application.
That will make people really think if that is worthy to do so. Otherwise every EB-3 filer will want to file again for EB-2 if they can.
You can ask all you want about not allowing porting from EB3 to EB2 or not letting keep the priority date in doing so. IV is not going to endorse it. Reality is job done by EB2 or EB3 especially in IT is very much alike.
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
That will make people really think if that is worthy to do so. Otherwise every EB-3 filer will want to file again for EB-2 if they can.
You can ask all you want about not allowing porting from EB3 to EB2 or not letting keep the priority date in doing so. IV is not going to endorse it. Reality is job done by EB2 or EB3 especially in IT is very much alike.
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
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Macaca
11-07 01:17 PM
There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
smodekurti
10-12 10:19 PM
Smartboy,
Since your case was reopened on 28th Sept, it must be close to 20 days now. As USCIS has to make a decision in 30 days, do let us know about the outcome of your case. This would give an idea for rest of us on what to expect.
Thanks
Since your case was reopened on 28th Sept, it must be close to 20 days now. As USCIS has to make a decision in 30 days, do let us know about the outcome of your case. This would give an idea for rest of us on what to expect.
Thanks
amulchandra
03-31 10:49 PM
After my AP approval notice email, all our(four) 485s got an LUD on Mar 31st 2009.
I applied AP only for myself and rest of the family did not.Service center is NSC. 485 recpt date is sept 11 2007.PD 2006 eb3/I. But we were issued one year EAD though eligible for 2 years since our PD is not current. Could it be because they sent 2nd FP notices? Are they sending FP notices for the second time these days? I heard some where that USCIS now can keep the FP notices valid for longer time than 15 months. We did ours in 2007 october. I know that USCIS has strange ways of dealing with things. But still....any insight is appreciated.
thank you
Amul.
I applied AP only for myself and rest of the family did not.Service center is NSC. 485 recpt date is sept 11 2007.PD 2006 eb3/I. But we were issued one year EAD though eligible for 2 years since our PD is not current. Could it be because they sent 2nd FP notices? Are they sending FP notices for the second time these days? I heard some where that USCIS now can keep the FP notices valid for longer time than 15 months. We did ours in 2007 october. I know that USCIS has strange ways of dealing with things. But still....any insight is appreciated.
thank you
Amul.
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