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

Go Back   Immigration Voice > 140 stage > Ability to pay issues and other 140 RFEs etc.
Click to log in with Facebook
Ability to pay issues and other 140 RFEs etc. All discussions about Ability to pay issues and other 140 RFEs etc.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 03-12-2007, 10:11 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 14
Law Loving Alien is on a distinguished road
Default 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
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 03-16-2007, 02:58 PM
Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
Nepal
Processing Stage
:
I-140
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2007
Posts: 52
sts_seeker has a spectacular aura about sts_seeker has a spectacular aura about
Default 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
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 03-16-2007, 04:41 PM
Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 61
canleo98 will become famous soon enough
Default

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
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 03-16-2007, 05:06 PM
Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 91
GC_SUCK is on a distinguished road
Default

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?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 03-16-2007, 05:13 PM
Junior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 10
don_don is on a distinguished road
Default 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
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 03-16-2007, 11:09 PM
Junior Member
Priority Date
:
Apr-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 2
kakarla is on a distinguished road
Default 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.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 03-19-2007, 02:38 PM
Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
Nepal
Processing Stage
:
I-140
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2007
Posts: 52
sts_seeker has a spectacular aura about sts_seeker has a spectacular aura about
Default 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
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 03-19-2007, 03:14 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
10/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/17/2007
Compare
Join Date: Dec 2006
Posts: 6
toprasad can only hope to improve
Default 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.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 03-20-2007, 03:50 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Mexico
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 749
Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute
Unhappy 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
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 03-20-2007, 03:55 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
09/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Dec 2005
Posts: 1,503
logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute
Default 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?
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 03-20-2007, 04:09 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

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.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 03-20-2007, 04:12 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
09/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Dec 2005
Posts: 1,503
logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute
Default 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.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 03-20-2007, 04:14 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Mexico
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 749
Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute Jaime has a reputation beyond repute
Default

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.

Last edited by Jaime; 03-20-2007 at 04:18 PM.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 03-20-2007, 04:19 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

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
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 03-20-2007, 04:24 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

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.
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
All I140 questions and discussions here desibechara All other Green Card Issues 395 04-21-2016 12:34 AM
Laid off: All questions and discussions javaconsultant All other Green Card Issues 138 06-21-2013 10:40 AM
All I485/EAD/AP questions and discussions here godbless Receipt tracker of 485, EAD and AP applications 1329 05-05-2011 07:31 AM
All Labor substitution questions and discussions here neocor RFEs and specific queries 490 09-07-2007 01:27 PM
All questions and discussions here a_yaja Retrogression, priority dates and Visa bulletins 1 05-10-2007 04:41 PM



All times are GMT -4. The time now is 02:20 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org