seemashah
02-21 04:26 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
wallpaper Rock Band Wallpaper
roseball
12-27 06:24 PM
Hi sbmallik ,
Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?
I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!
All experience letters should indicate the last date of your employment as 5/15.
Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?
I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!
All experience letters should indicate the last date of your employment as 5/15.
slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
2011 STAR WARS!!! Here is the group
sioux
11-30 10:36 AM
the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
more...
Brightsider
05-06 03:08 PM
With a one-year residency requirement in Georgia, with an H-1 visa, you should qualify for in-state tuition.
It worked in our case, but that was a couple of years ago.
In all the big ones like GA Tech, UGA and GSU, the admissions counsellors and the registrar's office are pretty clued into this issue.
It worked in our case, but that was a couple of years ago.
In all the big ones like GA Tech, UGA and GSU, the admissions counsellors and the registrar's office are pretty clued into this issue.
Blog Feeds
07-13 12:48 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
more...
rock945
06-21 08:18 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
2010 Star Wars Rock band Pictures,
optimizer
03-22 11:42 AM
Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
more...
AB1275
09-25 04:42 PM
Yes both are my posts.....
My concern is what kind of an RFE is this? Is it serious?
My concern is what kind of an RFE is this? Is it serious?
hair 2011 Sex, Star Wars, Rock amp;
alterego
08-05 11:33 PM
Then the big C may have to deal with the Deeez in majority in congress. A democratic congress will pass a most liberal immigration bill they can imagine. The republicans will be far better served compromising now than waiting if democrats take congress. Right now the Dems, the Prez and the Senate are on the same page.
more...
amindarshana
11-30 11:17 AM
Somebody please reply..
Still waiting for receipt.
Still waiting for receipt.
hot ands wallpaper. Rock Band 2
sunnyg
02-17 12:47 PM
Hopefully you should hear soon... My H-1 extension got approved with in 15 days (normal processing) in last month.
more...
house Rock Band 2 desktop wallpaper
suwsku
04-05 05:35 PM
What status are you in now ?
I never entered the US in the first place.
I never entered the US in the first place.
tattoo hairstyles Rock Band
HTI
08-29 11:12 AM
thank you all...that help a lot...!!!!:)
more...
pictures ands wallpaper. Rock Band
Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
dresses Rock Band Wallpapers
raysaikat
03-18 10:50 AM
I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.
please shed some light on this.
Thanks
You may be eligible to file under EB1-C. Your employer needs to sponsor.
please shed some light on this.
Thanks
You may be eligible to file under EB1-C. Your employer needs to sponsor.
more...
makeup Journey Rock Band - Trial By
beppenyc
09-26 01:30 PM
Well, thank you to everybody for the suggestion.
I need to find a lawyer in NYC because i want to go there with my boss.
I already went to other two lawyers, each one gave a different opinion, i would like to have a third one.
thank again
I need to find a lawyer in NYC because i want to go there with my boss.
I already went to other two lawyers, each one gave a different opinion, i would like to have a third one.
thank again
girlfriend pictures punk rock wallpaper.
srh1
08-18 01:04 PM
I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.
hairstyles music rock band Wallpaper,
AllIzzWell
05-03 10:39 AM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
gveerab
08-25 06:25 PM
:)
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
0 comments:
Post a Comment