americandesi
08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
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calaway42
10-21 12:26 AM
heh.. i want edwin's comp!!:)
stirfries
01-29 10:10 AM
My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
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sanjeev.mehra@gmail.com
08-15 08:25 AM
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
more...
bazuka6
10-20 09:14 PM
I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.
Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays
Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays
sunflowershower
12-03 12:50 PM
Hi,
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
more...
Humhongekamyab
01-29 10:23 AM
this rumour sounds like its straight out of timesofindia :p;)
:d
:d
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indianabacklog
10-28 11:03 AM
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
DPP once again, I am sad that we did not get to meet yesterday.
Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.
Lynne
DPP once again, I am sad that we did not get to meet yesterday.
Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.
Lynne
more...
ski_dude12
03-22 11:50 AM
What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
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aarzoo
02-02 06:18 PM
Thanks clockwork
@fromnaija:
Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.
The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.
If the above explaination is correct, I should be able to use the same labor.
@fromnaija:
Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.
The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.
If the above explaination is correct, I should be able to use the same labor.
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Jubba
09-04 08:23 PM
heres another way to do it
http://www.b-man.dk/tuts_pixelstretch.asp
http://www.b-man.dk/tuts_pixelstretch.asp
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chanukya
05-17 10:35 PM
I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
more...
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Life2Live
12-14 03:24 PM
I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.
However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.
I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......
However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.
I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......
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tjayant
04-04 02:21 PM
I know couple of H1b's working in Boeing unless it is a military project
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bheemi
03-28 03:05 PM
Hi Logicifile,
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...
Thanks
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...
Thanks
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sanprabhu
01-30 09:24 AM
Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.
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kaisersose
10-12 08:47 AM
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
1) Possibly.
2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .
3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.
4) Answered in 3
5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
1) Possibly.
2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .
3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.
4) Answered in 3
5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.
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furiouspride
01-04 09:43 PM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
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sparuthi
08-07 09:08 PM
I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
sgorla
06-05 06:36 PM
I remember reading in the I-765 instructions that EAD card application should be sent to the service center where I-485 application is pending. So, in your case it could be TSC. If you file your EAD online, the system automatically generates the service center address where your supporting documents need to be sent.
Can someone please respond to my question. Thanks.
Can someone please respond to my question. Thanks.
H4_losing_hope
02-13 07:32 PM
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