Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 05-04-2009, 08:40 PM
Junior Member
Priority Date
:
Nov-09
Category
:
EB3
I140 Mailed Date
:
07/23/2010
Chargeability
:
Philippines
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2009
Posts: 1
ElectricalEngineer is on a distinguished road
Question Filing green card but petitioner is not willing to give ITR/FS.

I just transferred my H-1B to my new employer and now in the process of filing PERM.

However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.

My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?

For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?

No. of employees in our company is around 50+.

Any comment will be appreciated. Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 05-04-2009, 08:50 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/16/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2004
Compare
Join Date: Jun 2007
Posts: 433
krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default How is he going to support?

Quote:
Originally Posted by ElectricalEngineer View Post
I just transferred my H-1B to my new employer and now in the process of filing PERM.

However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.

My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?

For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?

No. of employees in our company is around 50+.

Any comment will be appreciated. Thanks.
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..

- cheers
kris
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 05-04-2009, 10:17 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 356
morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
Default

You probably might want to ask whether he is willing to work the attorney instead of you. He may not want to disclose the client/venture capital infos, business plans, possible future investment deals and financial information to you, but might work with an attorney. He already might have provided a high level financial info when the employer sponsored your H1B.

Anyway as a rule of thumb, many issues can open-up during the whole process. And without full employer support these hurdles might be difficult cross. So if the employer is not co-operating for something very basic as this, you might want to ask yourself, whether the employer might really be co-operative in other issues.

Last edited by morchu; 05-07-2009 at 05:14 PM.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 05-05-2009, 10:41 AM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
Blog Entries: 6
pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by morchu View Post
....
http://immigrationvoice.org/forum/showpost.php?p=338873&postcount=4

If the employer is not providing financial information, then he has something to hide/ has other reasons.

Asking the applicant to have attorney work with the employer and not disclose the paperwork to the employee is wrong in my opinion.When some employers and attorneys do not share paperwork it can lead to abuse.

IV is working hard to get this abuse fixed and will help victims of abuse through its advocacy efforts. Anti immigrants use such abuses as a reason to throw everyone out of the country. Their fix for the problem is to make it difficult for people to come in and throw out anyone that is already in. Please do not post such advice and correct others who post such advice. Please edit your post accordingly.
__________________
Yes. I want to Contribute NOW| .. and also want to Join IV's State Chapters

Facebook | YouTube | Twitter | Mailing List

===================
I do not give legal advice. You can pay and get it from Lawyers. Just show me some love and click the links above to help ImmigrationVoice any way you choose.
-----------

Last edited by pappu; 05-05-2009 at 10:48 AM.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 05-05-2009, 02:02 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 356
morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
Default

Pappu,
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.

Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.

Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.

I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.

I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.

PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.

Quote:
Originally Posted by pappu View Post
IAsking the applicant to have attorney work with the employer and not disclose the paperwork to the employee is wrong in my opinion.When some employers and attorneys do not share paperwork it can lead to abuse.

Last edited by morchu; 05-05-2009 at 02:20 PM.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 05-05-2009, 02:55 PM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
Blog Entries: 6
pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by morchu View Post
Pappu,
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.

Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.

Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.

I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.

I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.

PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
You are correct in your comments to a certain extent. However such secrecy does not help in the application process and employer tends to deprive the paperwork details to the employee leading to abuse. Financial information is not just needed at PERM stage but also at I140 stage especially when the employee gets a A2P RFE. I have also heard employees taking financial details of the company with them when traveling to get their H1 visa stamped.

I must admit however that my knowledge with sole proprietorship and private companies is limited. Others who have worked in such companies may know more and can tell from their experience (If the employer was good).
__________________
Yes. I want to Contribute NOW| .. and also want to Join IV's State Chapters

Facebook | YouTube | Twitter | Mailing List

===================
I do not give legal advice. You can pay and get it from Lawyers. Just show me some love and click the links above to help ImmigrationVoice any way you choose.
-----------

Last edited by pappu; 05-05-2009 at 02:58 PM.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 05-05-2009, 04:28 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
08/20/2008
Compare
Join Date: Jul 2007
Posts: 90
prasadn is a jewel in the rough prasadn is a jewel in the rough prasadn is a jewel in the rough prasadn is a jewel in the rough
Default My Personal Experience

Quote:
Originally Posted by pappu View Post
You are correct in your comments to a certain extent. However such secrecy does not help in the application process and employer tends to deprive the paperwork details to the employee leading to abuse. Financial information is not just needed at PERM stage but also at I140 stage especially when the employee gets a A2P RFE. I have also heard employees taking financial details of the company with them when traveling to get their H1 visa stamped.

I must admit however that my knowledge with sole proprietorship and private companies is limited. Others who have worked in such companies may know more and can tell from their experience (If the employer was good).
I work for a small private company(around 20 employees) owned by an individual. My employer is more than willing to provide all/any documentation required for the GC process. Our attorney is also equally helpful and has provided me with a copy of every document that she has recieved from USCIS including copies of 45-day letter during labor, labor certification, RFE letters, notices, I-140 approval etc. In fact, compared to some of the experiences of my friends who work in public companies (who employ very large law firms) I have found that it is much easier to deal with HR/lawyer in a smaller, private firm. BTW, in the past I have worked for a large public company.

Thanks,
Prasad
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 05-05-2009, 05:24 PM
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2007
Posts: 310
transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute transpass has a reputation beyond repute
Default

Quote:
Originally Posted by morchu View Post
Pappu,
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.

Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.

Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.

I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.

I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.

PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
I second morchu...

There are many companies who are perfectly willing to do GC all the while keeping their financial info close to their chest. This is especially quite common with startup companies. My previous employer was a case in example. The employer was not willing to provide even client names, let alone the financial data. As a startup, they wanted to operate in stealth mode, and rightfully so, so that they would have an advantage over the competitors. However, in our case, the employer was sponsoring and bearing GC expenses, and therefore he was dealing with the lawyer himself and we were not privy to the sensitive information such as financial data.

As far as a few employers abusing, as mentioned by pappu, I am not sure what an employer with legitimate concerns can do other than directly dealing with CIS and lawyers. The employer might feel comfortable dealing with a lawyer as the employer can feel more assured that the information can be safely guarded.

Generally speaking, startups want the best talent and employees with specialized skills. So they are willing to sponsor GC, but when you place yourself in their shoes, it will be clear that their survival and competitive edge depends on secrecy, and that they are not willing to part with.

I personally do not see anything wrong when the employer discloses such information/data just to the lawyer. The purpose will be served as long as the lawyer is competent enough to make sure that employer is meeting CIS requirements with regards to providing the required paperwork.

Last edited by transpass; 05-05-2009 at 05:31 PM.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 05-05-2009, 06:48 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

If the bussiness is privatly owned, the employer may not willing to share the financial information to employee or immigration lawyers. No one can force them.

However, if the employer, has more than 100 employees, a simple 2 line letter from CFO stating that they have enough revenue to pay the salary to the employee will work. However, USCIS may not consider if the letter is from consulting/bodyshopping companies..
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 05-06-2009, 02:40 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/16/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2004
Compare
Join Date: Jun 2007
Posts: 433
krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default I guess I did not get the gist of the question right

Quote:
Originally Posted by krishnam70 View Post
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..

- cheers
kris
after looking at the responses from other members I realize the question was not fully understood by me given the information in the post. But I guess the points made by the other members are valid and should guide you

- cheers
kris
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 05-07-2009, 04:53 PM
Junior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
03/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Nov 2006
Posts: 17
ram_nara303 will become famous soon enough ram_nara303 will become famous soon enough
Default

What most of the private companies do is that they rather prefer to send the financial information for I-140 in a sealed package directly to the lawyer with a note that the employee is not to see this but can be used for sending to UCSIS to file I-140. That part can be availed and you should inform your employer to do the same thing.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
New Traps for Aliens Filing for a Green Card krish2005 All other Green Card Issues 7 07-08-2009 09:17 AM
Green Card filing babu123 Non-Immigrant Visas 2 03-31-2009 11:41 PM
Few questions about filing green card mhkumar Documents, Filing, forms, directions and mailing 2 03-03-2008 02:41 PM
Green Card Filing. Filing Labor Alone - HELP. matreen All other Green Card Issues 7 10-30-2007 05:26 PM
Green Card Filing Questions binadh IV Agenda and Legislative Updates 6 05-31-2007 01:50 PM



All times are GMT -4. The time now is 02:47 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org