bikram_das_in
05-07 04:06 PM
U.S. is a country where most of things are close to being perfect imaginatively),
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
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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.
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.
StuckInTheMuck
04-27 11:02 PM
Why should speeding tickets matter?
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
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GCwaitforever
07-20 10:02 AM
Can anyone share some information on this?
I am planning to pose question to the immigration lawyer in the conference. Please do join the talk.
I am planning to pose question to the immigration lawyer in the conference. Please do join the talk.
more...
a1b2c3
04-28 04:07 AM
is 2, 3, 4, 5 important for citizenship?
GCHPLC
10-19 10:19 AM
Thank you, I've got it
more...
jindhal
08-25 04:06 PM
is crappy...
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
they provide "technically free" money transfers to india.
They do not charge you anything for transferring but their profit is from offering a much lower rate for transfers than the official rate. I have had different time lag between initiate and transfer on different days. Not sure if their transfer is delayed or preponed based on rate but they do take a hell lot long to transfer. I earlier used to suggest M2I from icici nowadays its remit 2 india. Cust service is crappy regardless of where you go, cos in the end these companies are desi..and the cust service is also desi. They treat you like crap (just like the rest of the population back home) and I dont expect anything different anytime soon.
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vinayak2008
12-22 10:47 AM
Did you get back your passport? if yes.how many days it took and what is the procedure?
I have similar situation.Now it is almost a week that VFS has not received my passport from chennai consulate.
I have similar situation.Now it is almost a week that VFS has not received my passport from chennai consulate.
more...
caliguy
09-18 01:35 PM
Thanks @ geesee.
I was transferred to a IO yesterday. She was rude, told me that I should not be calling since they responsed to the first SR that was opened by my attorney on 09/01.
Not sure if you read the other thread, but I have got 2 responses from USCIS so far - one for inquiry that was sent when I took the Infopass and the other one that was opened by my attorney.
Response that I got for inquiry from my Infopass was " Based on the additional documentation provided, your case qualifies for expedited processing. You should hear back from us in 60 days. If you do not hear back in 60 days, please call us back".
I havent provided any documentation to them in the last 2 years, after my FP was done in September 2007.
So when I talked to the IO, she read out that message to me and in a subtle way asked me "What part of that message do you not get"?? I was trying to explain the situation to her, and before I could finish - she said "Sir, I got to move on and take other calls, please dont call back before November 15th".
And then she said the part that chuckles me the most - Sir, is there anything else you would like to me repeat, or do you have any other questions.....??
Hell yeah, I only have one question - when will I get the magic email?? :o
I was transferred to a IO yesterday. She was rude, told me that I should not be calling since they responsed to the first SR that was opened by my attorney on 09/01.
Not sure if you read the other thread, but I have got 2 responses from USCIS so far - one for inquiry that was sent when I took the Infopass and the other one that was opened by my attorney.
Response that I got for inquiry from my Infopass was " Based on the additional documentation provided, your case qualifies for expedited processing. You should hear back from us in 60 days. If you do not hear back in 60 days, please call us back".
I havent provided any documentation to them in the last 2 years, after my FP was done in September 2007.
So when I talked to the IO, she read out that message to me and in a subtle way asked me "What part of that message do you not get"?? I was trying to explain the situation to her, and before I could finish - she said "Sir, I got to move on and take other calls, please dont call back before November 15th".
And then she said the part that chuckles me the most - Sir, is there anything else you would like to me repeat, or do you have any other questions.....??
Hell yeah, I only have one question - when will I get the magic email?? :o
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surabhi
08-26 12:56 AM
another common tactic is to bounce checks on pretext that signature on check does not match that on signature card.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
more...
vikki76
09-14 11:21 PM
There seems to be no pattern among recent approval rate-My coworker didn't get any update from USCIS- he directly got his physical GC on 4th Sept.
We are still waiting, tried InfoPass, Raised SR, Contacted Senator etc.etc. I am willing to go to Lincoln,NE if that is what it will take to get GC:D
We are still waiting, tried InfoPass, Raised SR, Contacted Senator etc.etc. I am willing to go to Lincoln,NE if that is what it will take to get GC:D
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thomachan72
10-27 12:58 PM
Congrats alterego !
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
bought a car to visit the attorney :D:D
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
bought a car to visit the attorney :D:D
more...
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jchan
04-27 05:53 PM
I read through the bill but don't quite understand...if I am working for a client on H1B, will I need to stop working as soon as this bill takes effect? or it only applies to newly applied H1B's (or extension/transfer)?
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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.
more...
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fasterthanlight�
05-30 11:28 PM
The 1st of July is about a month from now.
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
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franklin
07-11 07:42 PM
I just got to this forum through some means and saw this thread. I work at Oracle and so I have sent it to the Oracle mailing lists for their support
Thank you so much for your support, and welcome to IV.
Thank you so much for your support, and welcome to IV.
more...
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svkrishna
01-31 09:05 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
We did not get any yellow slip. We were told that we will get VISAs within a week. But we are still waiting to get them.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
We did not get any yellow slip. We were told that we will get VISAs within a week. But we are still waiting to get them.
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gc_on_demand
06-10 09:05 AM
Folks
July bulletin is OUT and NO more significant movement. Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
July bulletin is OUT and NO more significant movement. Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
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nik.patelc
04-08 03:59 PM
Nik,
Did it say anything on your online account about RFE when you received the email, or you just got the email i.e. when you click on the receipt number it shows status of the case which usually shows a generic message that the case was received and is pending, so did that message change?
If not, then did anybody else who got the RFE had that message changed?
Thanks
Yes status has been changed to : Current Status: Request for Additional Evidence Sent.
There is no information about RFE.
Did it say anything on your online account about RFE when you received the email, or you just got the email i.e. when you click on the receipt number it shows status of the case which usually shows a generic message that the case was received and is pending, so did that message change?
If not, then did anybody else who got the RFE had that message changed?
Thanks
Yes status has been changed to : Current Status: Request for Additional Evidence Sent.
There is no information about RFE.
Mr. Brown
05-14 02:18 PM
Well ... I could partially agree to your rant. While I understand your point of view it is not justified on your part to generalize all posters into one category. You should have been more specific about what kind of posts (and even posters if you wish) frustrate you.
In my view your words "Get a life" certainly applies to the following set of people (in that particular order):
Those who say they are awaiting their GC to plan their lives (get married, have kids, buy a house etc.) I am married with a kid and bought a house and all I have is a I-140 approval (Not applied for I-485 yet). So what happens if I loose my job? I will make an honest effort to find one and if I fail I'll sell my house and go back to India. I am prepared both mentally and somewhat financially too. As much as I want to live in the USA it is common sense that I always have a solid back up plan to go back if need be.
Those who come here whining about their I-485 getting rejected and don't have a back up plan. Seriously, how many times must you get jacked before you realize that USCIS is not dependable? How the heck can one plan their life around it? One must realize that GC is just a small part of your life and not your life itself. Get your priorities straight.
Those who say that laws are racist. Hilarious! BTW racism is not one way (like the Whites out here want you to think) so beware of what you say unless you don't mind getting sued.
Those who build up their hopes with predictions on the next visa bulletin and go emotionally crazy when the hopes crash with the release of that bulletin. I mean c'mon ... flower campaigns? hunger strikes? Are you that naive to think it worked the first time? This ain't a factory in India and we aren't a group of union workers.
The above form a very small group of people on this website and that is where the problem lies with your post. You are basically stereotyping all of us into a category formed by a small group of people.
Anyway, good to know of your Canadian PR success ... good luck!
To those who fall in the above 4 categories take the time to realize that its all in your head. Be strong and prepared mentally. You've done all you can in an honest way. If things don't work out then so be it. Sometime in the future you will realize that it was all for your own good. Move on in style to your next adventure ... it's waiting for you.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
In my view your words "Get a life" certainly applies to the following set of people (in that particular order):
Those who say they are awaiting their GC to plan their lives (get married, have kids, buy a house etc.) I am married with a kid and bought a house and all I have is a I-140 approval (Not applied for I-485 yet). So what happens if I loose my job? I will make an honest effort to find one and if I fail I'll sell my house and go back to India. I am prepared both mentally and somewhat financially too. As much as I want to live in the USA it is common sense that I always have a solid back up plan to go back if need be.
Those who come here whining about their I-485 getting rejected and don't have a back up plan. Seriously, how many times must you get jacked before you realize that USCIS is not dependable? How the heck can one plan their life around it? One must realize that GC is just a small part of your life and not your life itself. Get your priorities straight.
Those who say that laws are racist. Hilarious! BTW racism is not one way (like the Whites out here want you to think) so beware of what you say unless you don't mind getting sued.
Those who build up their hopes with predictions on the next visa bulletin and go emotionally crazy when the hopes crash with the release of that bulletin. I mean c'mon ... flower campaigns? hunger strikes? Are you that naive to think it worked the first time? This ain't a factory in India and we aren't a group of union workers.
The above form a very small group of people on this website and that is where the problem lies with your post. You are basically stereotyping all of us into a category formed by a small group of people.
Anyway, good to know of your Canadian PR success ... good luck!
To those who fall in the above 4 categories take the time to realize that its all in your head. Be strong and prepared mentally. You've done all you can in an honest way. If things don't work out then so be it. Sometime in the future you will realize that it was all for your own good. Move on in style to your next adventure ... it's waiting for you.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
black_logs
04-14 08:16 PM
You shouldn't feel sorry at all. We all admire the spirit and appreciate the faith you are keeping in IV.
I just sent in my third $50 thru paypal. I wish I could contribute more. I am likely to come to bench soon and not in a position to do so. I feel bad...sorry guys.
I just sent in my third $50 thru paypal. I wish I could contribute more. I am likely to come to bench soon and not in a position to do so. I feel bad...sorry guys.
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