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.
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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pappu
12-30 09:30 AM
Thank you for posting this action item on other websites
virtual55
04-07 11:21 AM
Contributed my 150 bucks right now towards 150K
PAYPAL Receipt ID for your records: 5115-4160-0151-6144
PAYPAL Receipt ID for your records: 5115-4160-0151-6144
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vikki76
11-03 01:57 PM
Congrats on getting physical card caliguy--today even both of us got our CPO emails. :D.
Your posts along with alterego, kabmilegaGC and others ..were quite helpful. Ironically, in the entire time, since GC process began , it is only last 2 months that were most stressful but rest of the time, I didn't even care when dates will become current etc.etc..was just going with flow. I wouldn't want to repeat time from Aug 10th to Nov 2nd.--just waiting, waiting and waiting..and nothing happening.
If USCIS becomes more transparent and follows FIFO strictly.then that itself will give lot of relief to waiting applicants.
--------------------------------------------------------------------------------------------------------------------
485 CPO Email: 11/3/2009
Your posts along with alterego, kabmilegaGC and others ..were quite helpful. Ironically, in the entire time, since GC process began , it is only last 2 months that were most stressful but rest of the time, I didn't even care when dates will become current etc.etc..was just going with flow. I wouldn't want to repeat time from Aug 10th to Nov 2nd.--just waiting, waiting and waiting..and nothing happening.
If USCIS becomes more transparent and follows FIFO strictly.then that itself will give lot of relief to waiting applicants.
--------------------------------------------------------------------------------------------------------------------
485 CPO Email: 11/3/2009
more...
rimzhim
02-07 12:10 PM
And not just because I am from EB-3 ROW.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
because there is a very large number of ppl in EB3-ROW.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
because there is a very large number of ppl in EB3-ROW.
perm2gc
12-09 12:09 AM
Happy Holidays.Hope to see you in IV again in New Year.
more...
bkarnik
09-17 12:40 PM
does anyone kknow who is the chairman(woman) of the judiciary commitee ???
John Conyers (D) is the chairman of the judiciary committee..
John Conyers (D) is the chairman of the judiciary committee..
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kumar1
06-11 03:15 PM
Between all the good suggestions -- add one more --- Please drive safely. I have lost 2 friends in car crashes in last 8 years.
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InTheMoment
01-08 06:12 PM
They have not wasted visa numbers in the past 3 years so you can cut that out !
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raj1998
04-19 08:47 AM
My M.C.A was 3 years. this will help?
-vga
I think you have gathered quite some info. Best suggestion is to talk to a lawyer and let him have a look at your case... I think you have a chance
-vga
I think you have gathered quite some info. Best suggestion is to talk to a lawyer and let him have a look at your case... I think you have a chance
more...
sri1309
08-13 08:27 PM
Guys,
Lets not fight here. People in pain will cry, whether in EB2 or EB3 or any.
The system is broken and we must make sure its fixed.
Hope we know how people came here 60 years back. They got citizenship on day one. So what do we do. Things change, but there must be an order.
We must contribute to an organization thats trying to help us. Lets not be different to it. We are not living in any ideal world.
Did I contribute till now.. no..
Was I trying to in the last two weeks.. YES..
Let me do it tomorrow for sure.
Sri..
Lets not fight here. People in pain will cry, whether in EB2 or EB3 or any.
The system is broken and we must make sure its fixed.
Hope we know how people came here 60 years back. They got citizenship on day one. So what do we do. Things change, but there must be an order.
We must contribute to an organization thats trying to help us. Lets not be different to it. We are not living in any ideal world.
Did I contribute till now.. no..
Was I trying to in the last two weeks.. YES..
Let me do it tomorrow for sure.
Sri..
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cgeek4u
07-16 06:07 PM
Signed
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webm
02-26 03:28 PM
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
I agree..
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
I agree..
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Raju
07-19 11:09 AM
Stop Talking and Act guys. Here are the details of contribution I made today. I have contributed multiple times in the past and will do so in future. I feel ashamed and guilty that my contributions are peanuts compared to Aman's. I hope many more IVers will contibute.
Seller Information: Immigration Voice
donations@immigrationvoice.org
This Payment will appear on your credit card statement as "IMMIGRATION"
Transaction ID: 1***99C5130063R Placed on Jul. 19, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Subtotal: $100.00 USD
Sales Tax: $0.00 USD
Total Amount: $100.00 USD
Seller Information: Immigration Voice
donations@immigrationvoice.org
This Payment will appear on your credit card statement as "IMMIGRATION"
Transaction ID: 1***99C5130063R Placed on Jul. 19, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Subtotal: $100.00 USD
Sales Tax: $0.00 USD
Total Amount: $100.00 USD
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fasterthanlight�
06-10 03:54 PM
Ya i might want to redo mine too.
dresses at this short love poems:
kbsyed61
03-30 03:10 PM
My wife got RFE within 2 business day of soft LUD.
Just a caution, unless your application requires RFE, don't expect RFE after LUDs.
Just a caution, unless your application requires RFE, don't expect RFE after LUDs.
more...
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Raji
05-12 05:09 PM
Very wise of you Nitin. I doubt that anyone in this forum disagrees with what you have said.
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
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petepatel
09-17 11:41 AM
i think we are in good shape so far
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NKR
08-20 12:00 PM
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)[/QUOTE]
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
Gravitation
07-19 08:49 AM
I think its a typo too No. It's not a typo. I had met Aman in a conference in December. He was talking about selling his house to contribute to IV (I really hope he didn't have to). But he has contributed a small fortune to this effort.
bach007
07-15 12:25 AM
Looks like we are safe until October! :D
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