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  • bugsbunny
    03-29 05:02 PM
    the filling fees is variable depending on the employer

    Here is the link from USCIS
    download the form and the filing instructions which have the fee info

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD

    I can assure you its usually not $4200




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  • americandesi
    09-06 07:37 PM
    On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues

    Description for denial ( I have also attached the denial notice)->

    They looked at years 2003 to 2006 history for I140 since PD is JAN 03.

    * Reason 1 - Lower salary than specified in labor
    Preferred Wage in labor - 78,750
    W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
    W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.

    * Reason 2 - negative net income of the petitioner
    2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);

    * Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
    and my lawyer did not provide 2006 information

    Acceptable Assets Aceptable Liabilities Net Current Assets
    2003 $4,272,733 $3,789,359 $483,374
    2004 $4,871,615 $4,660,879 $210,736
    2005 $5,047,775 $6,494,111 ($1,446,336)
    2006 ---- Not submitted [ Company has not filed taxes yet]
    For 2006 they will be filing big loss.

    Does anyone know any way out of this.

    I am sorry to know that your I-140 application got denied after such a long wait.

    Your application was denied not with a combination of
    Reason 1 , 2 & 3, but each reason by itself was insufficient to prove ability to pay. Your employer should meet atleast one of these to prove "Ability to Pay".

    It's deplorable that most attorney's don't educate small employers on meeting ability to pay even before filing the Labor Certification.

    I would suggest that you appeal the case with supporting statements from a good CPA and in the meantime go for a fresh labor certification.




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  • satishku_2000
    02-01 07:08 PM
    Guys

    I know an instance where a big american pay roll company got people from india on business visa and made them work for $50 per day and the poor guys were slogging more than 10 hours a day.

    Ofcourse the manager is a desi ..




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  • senthil1
    06-11 09:13 AM
    I think it should have minimal or no impact on your GC process. Somehow you can get gc. But what is the impact of case in your personal life that is more important. If you have an asset or money those are under risk. But if you have very less savings what they are going to achive by sueing you. Also did you have Insurance? Then they might put you and your Insurance company in lawsuit. Then your Insurance company may fight for you. If they win the case and court ask you to pay 1 million dollars then you can file bankruptsy protection and come out if you have very less money. Fighting is always better option than giving up. But again it is individual's decision. As you have option of going to India. But no such option for Americans


    Hi Gurus,

    I need an advice from you.

    The situation:
    -- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)

    -- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.

    So what are my options now?

    1. Check with attorney and start defending..?
    2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
    3. What about my GC?

    Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..

    Thx,
    PD is Nov 2006.



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  • desi485
    11-09 03:29 PM
    Nice. It appears that according to the link below:

    http://immigration-information.com/forums/showpost.php?p=18946&postcount=28

    The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.

    On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.

    Thoughts?

    One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.

    1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.

    2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).

    I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.




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  • gc_eb2_waiter
    02-01 08:36 AM
    My 2 cents..

    I voted for both questions. What I believe is, next time we can rephrase the qeustion as gjoe mentioned earlier.

    If some one can find a debate questions bit earlier and let all of us know, then we can make rephrased question to the top of the list.



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  • polapragada
    08-13 08:43 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!

    I feel education should be rewarded (Every where). High skilled should get prefference.

    chaanakya may be you should consider putting your words in soft intangiable worlds...




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  • roseball
    05-24 05:46 PM
    All H1 filings which now pay a fee of $1500 or $750 will be asked to pay $10000 or $5000.....It does not apply to the H1 exempt institutions....



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  • GCard_Dream
    01-29 05:15 PM
    Do you have a link to this news/alert?

    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!




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  • kshitijnt
    10-09 07:28 PM
    Only thing that makes sense right now is gold.



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  • waitingGC
    02-06 03:56 PM
    How long will it probably take for China EB2 to move to August 2005? It's now in April 2005. Any idea?




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  • coolest_me
    05-08 06:40 PM
    One more thing, I couldn't find any visitor insurance comp that covers the Pre Existing condition for visitors.



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  • hpandey
    06-12 10:25 AM
    If I were in your place, I would not spend money to hire my own attorney- not yet. I would let the insurance attorney handle the initial few months, and only after things start happening, I'd think about paying an attorney myself. Meanwhile, use this interim period to look for a very good attorney- meet with a couple of them and decide which one would you choose, if you had to. Personal liability defense is handled best by firms specialized in tort defense (eg. who defend medical malpractise suits), and NOT by trial lawyers who are mostly experienced with plaintiff's cases.

    Another thing, since YOU were the one who seems to have experienced most injuries in the accident, didn't you get letters from trial lawyers offering to sue the other folks and ask for damages (since THEY were at least 20% responsible for your injuries)? Such trial lawyers do not take any money from you upfront- they only take a % of the money recovered. This might make things too messy for you to handle- but give it a thought; sometimes offense is the best defence.

    I agree.. you should be suing the other party in front of you for injuries since they were the ones who stopped and as the person said - offense is the best defense .

    If I remember correctly the first car in front of you had already collided with the car number 2 and hence all the accidents. I don't know how they can put you at fault . So let the lawyers handle it and go all the way .

    Best of luck.




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  • nara2007
    07-18 02:07 PM
    Date Delivered To USCIS: 7/2/07
    Service Center: NSC
    Rejected: Dont Know
    PD: OCT 2005, EB3 India



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  • mpadapa
    05-23 03:28 PM
    Calling does help in many ways. People have to think positive rather than berating an effort.

    Based on the original post, I infer that lawmakers won't care if they receive calls from LEGAL Aliens. If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. But one of lawmakers duty is to build the next generation America, and "immigration" bills benefit next generation America. People got to understand this fundamental difference and stop being pessimistic about IV efforts.

    Directly talking to lawmakers office (through phone or in person) is far more effective than Web faxes and digital signatures.

    I just cannot understand how high-skilled folks can be so short sighted, Look at the big picture.

    Agree with original post.

    Numbers USA people are angry right wing citizens.

    Calls from legal aliens who can't vote won't move lawmakers one bit. Money and votes are the only 2 things that matter to politicians.

    Pressure groups and lobbyists have far more reach and influence. IV as a group can use lobbyists and other influence to get a lot more done. Individual phone calls are a waste.

    DBCD




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  • sachug22
    10-28 01:34 PM
    Realistically you are asking a wrong question, I know not more than 1% can make a choice of yes and who want to say NO will not vote (hesitate).

    People come to US to open doors of opportunity and returning back not to return will close those doors for ever.



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  • alterego
    10-06 10:01 PM
    Property prices will soften worldwide. Though as someone pointed out many purchases in India are not credit based, so it may not be as bad there as there would be limited forced selling, though from what I have heard sales have and will slow markedly, another point to consider is that India has a population pressure like nowhere else in the world, as long as people can buy they will continue to do so.
    It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
    An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
    I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
    Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.




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  • smartboy75
    10-12 05:17 PM
    or may be a virus attack ... too coincidental to have sent notice on same day ...

    my 1.9 cents ...
    Not really.

    It is a learning phase for everyone here at IV...

    Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...

    I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.

    The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.

    Live and learn...




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  • Macaca
    11-19 12:41 PM
    In War on the Middle Class (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923) Lou Dobbs says H1B workers don't pay taxes.


    However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare. Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.

    In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).


    Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.




    ndialani
    10-30 12:02 PM
    I sent #7001 form in second week of October , i emailed CIS Ombudsman3-4 days back . I received this email today....

    Thank you for contacting
    the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
    Department of Homeland Security (DHS). We received your case problem on
    October 21, 2009. Your case is in the process of being assigned to an
    Immigration Law Analyst. Please allow us 14 working days to process your case
    problem

    Any thoughts....does it mean anything? anyone else with this reply?
    Thanks




    Bytes4Lunch
    03-08 02:29 AM
    "lotsofspace"
    To answer your question
    "Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?"
    The expiration on the new I-94 after using AP is 1 year from the time the AP is used and not related to AP expiration date from my experience.
    The I-94 date I received was 6 months beyond my AP expiration.



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