Immigration Voice

Immigration Voice (https://immigrationvoice.org/forum/)
-   Ability to pay issues and other 140 RFEs etc. (https://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/)
-   -   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)

Law Loving Alien 03-12-2007 10:11 PM

Urgent: I140 RFE response Questions
 
Hello All,

How long does it take for decision after NSC has recieved I140 RFE response. My RFE was for my Employer Ability to pay i.e tax and bank documents etc.
Please see my details in the signature.

Is it worthwhile to convert my I140 to PP ? Will this expediete the whole process ? My I-140/I-485 are already current and NSC processing date mentions that they are already processing cases filed after me....

Any advice or suggestions would be greatly apprcieted.

Thanks,
Law Love Alien
Labor approved: March 2006
I-140/I-485/EAD Reciept Date: June 23, 2006 ( Filled Concurently in EB2)
I-140 : LUD on June 27, 2006, Aug 12, 2006
I-140 RFE issued on: Dec 18, 2006
I-140 RFE recieved by USCIS on: March 8, 2007
Fingerprinting Code 3 done: July 20, 2006
EAD approved: July 27, 2006 ( card recieved on July 31, 2006)
AP I-131: Reciept Date: Sep 22, 2006, LUD on Sep 27, 2006, AD Dec 11, 2006
I-485: LUD on June 27, 2006, July 20, 2006, July 21, 2006
Processing Center: Nebraska
Country: one of NON RETROGESSED COUNTRY

sts_seeker 03-16-2007 02:58 PM

Help Urgent! I140 Rfe ability to pay
 
Hi all,
I got a RFE for Ability to pay for My I140(EB-3, PD-Ap2003) from USCIS. After consultation I was suggested that I needed an expert opinion letter from an Independent CPA telling that company can pay me the salary stated in the ALC. Now I need a CPA who can analyze the financials of the company and a lawyer who can write the letter to defend this case. I was wondering if anyone here can provide the service for CPA analyzation or sample letter on how to address this issue.
Thanks
sts_seeker

canleo98 03-16-2007 04:41 PM

I am also in same situation and looking for some help....

Quote:

Originally Posted by sts_seeker
Hi all,
I got a RFE for Ability to pay for My I140(EB-3, PD-Ap2003) from USCIS. After consultation I was suggested that I needed an expert opinion letter from an Independent CPA telling that company can pay me the salary stated in the ALC. Now I need a CPA who can analyze the financials of the company and a lawyer who can write the letter to defend this case. I was wondering if anyone here can provide the service for CPA analyzation or sample letter on how to address this issue.
Thanks
sts_seeker


GC_SUCK 03-16-2007 05:06 PM

Guys,

Don't make me scream. I am about to file my I-140 next week. And your posts are making me very nervous.

Please tell me there is reason you got this kind of RFE?

don_don 03-16-2007 05:13 PM

Best bet
 
Best bet is to provide them with Company tax returns of the most recent year and send them pay stubs...these are the required docs to prove ability to pay,my lawyer used these and was successful

kakarla 03-16-2007 11:09 PM

Ability to Pay issues
 
Hello,
I have used the below thread when I was in the same situation as yours. Hope this helps.

http://boards.immigrationportal.com/...d.php?t=137088


Regards,
kakarla.

sts_seeker 03-19-2007 02:38 PM

Sample letter of CPA stating company has ability to Pay
 
Hi All,
Would you guys are willing to share any sample letters that you have used to reply for your I140 Rfe from CPA stating that Company has ability to pay. I am not sure what are the contents it should have ?
Also does anyone know who can provide this kind of service?

Thanks

toprasad 03-19-2007 03:14 PM

Accountant and Immigration exp
 
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.

Jaime 03-20-2007 03:50 PM

Prevailing Wage Blues
 
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

logiclife 03-20-2007 03:55 PM

Leave Leave Leave
 
You have to be aggressive and presistent to get a new job where you get better pay that is above the prevailing wage.

Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.

You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can

1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.

Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?

chanduv23 03-20-2007 04:09 PM

Well, I know for sure, that your prevailing wage for H1b is different for prevailing wage for GC. GC is for future employment and ur current wage won't affect your GC.

It depends on your employer, if your attorney comes back with a "wage" for the job, it is upto your employer to agree to pay that wage "after you get your GC". As GC is many years down the lane, you can convince your employer that wage has nothing to do with your wage now.

If your employer agrees to this condition go ahead with GC filing, say you earn 60K and GC pay is 85K, just go ahead and file GC.

Once your 140 is approved, you may consider change in employment with PD portability, or once you apply for 485 and it takes more than 180 days, you can switch using AC21 for a better pay.

logiclife 03-20-2007 04:12 PM

Probably
 
Probably his employer is finding excuses not to file his GC and like his employees on H1B.

Dude, whatever it is, get out of that hole if you cant get GC filed.

1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.

Jaime 03-20-2007 04:14 PM

Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

chanduv23 03-20-2007 04:19 PM

Quote:

Originally Posted by logiclife
Probably his employer is finding excuses not to file his GC and like his employees on H1B.

Dude, whatever it is, get out of that hole if you cant get GC filed.

1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.

I was in similar situation. My previous company was merged into a new company, and I got screwed big time on wage issues.
Yeah, I learnt everything the hard way.

But for people out there, if you have a choice, utilize it. Don't give into exploitation

chanduv23 03-20-2007 04:24 PM

Quote:

Originally Posted by Jaime
Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

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.


All times are GMT -4. The time now is 03:32 AM.

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