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-   -   Ability to Pay: all questions and discussions (https://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/4381-ability-to-pay-all-questions-and-discussions.html)

Jaime 03-20-2007 04:37 PM

Thanks
 
Quote:

Originally Posted by chanduv23
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".

While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.

Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.

chanduv23 03-20-2007 04:43 PM

Quote:

Originally Posted by Jaime
Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.

A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.

Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.

So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................

The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes

diya 03-20-2007 06:55 PM

Ironic
 
Your comment reminded me of something I had penned down right after Prime Minister Manmohan Singh visit to the US. It was very depressing.
A White Collar Slave
Prime Minister Manmohan Singh’s visit to the White House was well reported in the media and the Presidents acknowledgement of the contributions made by the people of India- Indian American’s was most gracious. He also made a point to acknowledge the contributions made by Indian students to America’s Universities. All this is most heart-warming. However, as a legal non-permanent resident awaiting labor certification (or the ability to work) since the past 3 years I feel bound by invisible chains whose cold steel refuses to be warmed. The labor certification process is technically supposed to take 12 months.
Post 9-11, grinding to a near halt the labor certification process of permanent residency applicants is a “win-win” opportunity for the government. Get these highly skilled laborers on a short-term lease of an H1B. Pass off the bureaucracy and red tape of the INS on the process of Homeland security. The latest breakdown, the INS information technology system has been down for 6 weeks now. When asked questions about a status of the system, they donot respond
HIB visa holders make money in dollars that certainly affords them a higher income than would have been possible in their own country. I donot want to undervalue this benefit. But, the American government and citizens hugely profit from the brief stay of these H1B’s in America. H1B’s make money, 99% of which is placed in American banks, which enables banks to fund American projects of citizens and noncitizens. They buy American stock, pay into a social security system and a pension fund that the may not have access to when they themselves are seniors- after all the H1B is only for 6 years. Besides the obvious monetary contributions, they contribute culturally, linguistically and through charity to American society
While they are contributing in as many ways to the American society. Their own lives are in limbo. Continuously stressed over the next rule change in visa status that may affect them, or visiting relatives. Their able spouses unable to work due to visa restrictions. Most of them, live in clean, minimal living comforts as there is always the thought of having liquid cash as one may need to leave the country and then having expensive electronics, cars or furniture may not make any sense. For most of them it does not make sense to own a house on a 6-year work contract.
The opposing argument is that HIB visa holders are subjecting themselves to this lifestyle. After all there are no visible chains around their feet, they are free to return and contribute to the economy of their own countries. But the ”American dream” is an invisible chain currently held by INS merchants as they pull, push or decide to hold steady their white-collar slaves.

arnab221 03-20-2007 09:03 PM

I have the reply for this problem
 
I had the same kind of situation . I work for a Fortune 5 company . The prevailing wage some how came to $5000 more than the salary than the company pays me ( I think I am pretty competitively paid ) . Our attorney team told me that this is nothing to worry about . The wage difference actually matters when your I-485 is filed and about to be approved . So you could actually go ahead and file the labor and get the I140 approved and wait for your wage to rise to the levels ( you will have to wait anyhow for a few years ).So if I have to wait for like 3 years for my GC my wage will surely rise to USD 5000 in 3 years . Also remember that the total wage is the sum Salary + Joining bonus + awards + yearly bonus . So you could add these things to give your total wage .

centaur 03-20-2007 09:13 PM

You need to find a new employer and a new sponsor. Sorry its harsh but its the best advice we can give you.

Quote:

Originally Posted by Jaime
I doubt anyone has been through my situation because most of you are high or higher-paid IT professionals. In my case, my company's immigration attorneys have been requesting the prevailing wage over and over for more than a year noiw (in order to get me started with PERM) but the prevailing wage always comes back way higher than what I am getting paid! Evidently, I am severely underpaid, and there is no light at the end of my tunnel unless my company matches the prevailing wage, which I doubt they will do. I used to laugh at those that called H1B the "modern day slavery", but now I am not laughing anymore. Has anyone at all been through this ordeal and can at least share a shoulder to cry on? Thanks guys


centaur 03-20-2007 09:16 PM

How true
Quote:

Originally Posted by diya
Your comment reminded me of something I had penned down right after Prime Minister Manmohan Singh visit to the US. It was very depressing.
A White Collar Slave
Prime Minister Manmohan Singh’s visit to the White House was well reported in the media and the Presidents acknowledgement of the contributions made by the people of India- Indian American’s was most gracious. He also made a point to acknowledge the contributions made by Indian students to America’s Universities. All this is most heart-warming. However, as a legal non-permanent resident awaiting labor certification (or the ability to work) since the past 3 years I feel bound by invisible chains whose cold steel refuses to be warmed. The labor certification process is technically supposed to take 12 months.
Post 9-11, grinding to a near halt the labor certification process of permanent residency applicants is a “win-win” opportunity for the government. Get these highly skilled laborers on a short-term lease of an H1B. Pass off the bureaucracy and red tape of the INS on the process of Homeland security. The latest breakdown, the INS information technology system has been down for 6 weeks now. When asked questions about a status of the system, they donot respond
HIB visa holders make money in dollars that certainly affords them a higher income than would have been possible in their own country. I donot want to undervalue this benefit. But, the American government and citizens hugely profit from the brief stay of these H1B’s in America. H1B’s make money, 99% of which is placed in American banks, which enables banks to fund American projects of citizens and noncitizens. They buy American stock, pay into a social security system and a pension fund that the may not have access to when they themselves are seniors- after all the H1B is only for 6 years. Besides the obvious monetary contributions, they contribute culturally, linguistically and through charity to American society
While they are contributing in as many ways to the American society. Their own lives are in limbo. Continuously stressed over the next rule change in visa status that may affect them, or visiting relatives. Their able spouses unable to work due to visa restrictions. Most of them, live in clean, minimal living comforts as there is always the thought of having liquid cash as one may need to leave the country and then having expensive electronics, cars or furniture may not make any sense. For most of them it does not make sense to own a house on a 6-year work contract.
The opposing argument is that HIB visa holders are subjecting themselves to this lifestyle. After all there are no visible chains around their feet, they are free to return and contribute to the economy of their own countries. But the ”American dream” is an invisible chain currently held by INS merchants as they pull, push or decide to hold steady their white-collar slaves.


sts_seeker 03-22-2007 04:32 PM

I140 RFE respond letter samples
 
Hi Prashad and other experts,
Would you able to share the sample letter if you used any in past or what contents it should have when replying to the RFE for I-140? Please reply or send me a private message.
Thanks
sts_seeker

canleo98 03-22-2007 05:10 PM

Quote:

Originally Posted by toprasad
I had posted the same thing for your question on immigration portal too.
My personal experience, united nations in immigration portal is your best choice.
He deals with such cases on a regular basis and has helped me too.

If you want to talk about my experience, please send me a private email.

Hi Prasad,
Can you respond to my PM or can you give your email id so that I can contact you?

Thanks

Juan28210 04-19-2007 03:42 PM

Ability to Pay Issue
 
Hi Folks,

I hope you could share your experiences if you belong to the same situation.

I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.

I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.

Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.

Thanks!

pappu 04-19-2007 03:51 PM

long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?

Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.

Juan28210 04-19-2007 04:03 PM

Will search archive...
 
Thanks Pappu! I will try to search in the archived articles first and will just post a follow up question if I need further clarification.

pappu 04-19-2007 04:09 PM

There is also a very good thread you should view.
http://tinyurl.com/2dego7

sledge_hammer 04-19-2007 04:43 PM

I work for a small growing company that is reporting losses for the last 2-3 years, but I still got my PERM and I-140 approved based on the fact that the company's asset value is way more than my salary.

Quote:

Originally Posted by Juan28210
Hi Folks,

I hope you could share your experiences if you belong to the same situation.

I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.

I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.

Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.

Thanks!


zigma 04-19-2007 04:55 PM

Net Income
 
Net Income is calculated after expenses (such as administrative and Salaries) have been deducted.
Net Income = Gross Income - Expenses

It is on Net income that the company pays taxes.
A company does not pay anyone from their net income. This is the profit.

Juan28210 04-19-2007 04:56 PM

Very Good Link
 
Thanks for your responses!

This link got very good discussions on ability to pay. May take me a couple of days to read all of them though... - http://tinyurl.com/2dego7


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