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canleo98
11-18-2006, 03:40 AM
I have my PERM approved 2 months back in EB2(BS+5), my current salary is around 7K less than profferd Wages. Company is small with 40 employes in US and around 30 in UK/Japan, however company is still not making profits but has funding for next few years. I am in 6th year of H1B with 7 more months left to complete 6 years. I want the company to apply for I-140 in premium processing, however, company attorney is saying that I-140 premium processing might attract RFE for ability to pay issue, So he want to file I-140 in regular processing. I even offered to pay premium processing charges, though company is paying all other charges but attorney is still not willing to file under premium processing. Is it true that PP attracts more scrutiny than regular processing. Any Ideas? Any suggestion on how to convince my HR/attorney to file in premium processing. Any suggestions/Comments are welcome

GCwaitforever
11-18-2006, 04:21 AM
Not sure how PERM was approved when you were supposed to be paid preferred wages. Ask your employer to amend the petition by raising your salary instead of wasting money on I-140 and getting a rejection.

pappu
11-18-2006, 10:45 PM
Not sure how PERM was approved when you were supposed to be paid preferred wages. Ask your employer to amend the petition by raising your salary instead of wasting money on I-140 and getting a rejection.
In I140 the employer has to prove 2 things
- ability to pay you
- you are qualified for the position.

Even though the company is paying you less, there are several ways you can prove and get the case approved. You will need a good lawyer and a CPA to help you. Your company has 40 employees so it is not very small. How many H1bs are there and how many people have applied for GCs. This is important to know. there is a very informative thread on immigrationportal and one user- unitednations has posted valuable information. you may want to go through the entire thread.

canleo98
11-19-2006, 02:54 AM
In I140 the employer has to prove 2 things
- ability to pay you
- you are qualified for the position.

Even though the company is paying you less, there are several ways you can prove and get the case approved. You will need a good lawyer and a CPA to help you. Your company has 40 employees so it is not very small. How many H1bs are there and how many people have applied for GCs. This is important to know. there is a very informative thread on immigrationportal and one user- unitednations has posted valuable information. you may want to go through the entire thread.

Thanks Paapu and GCwaitforever for your replies.

In all there are only 5 H1B's in the company and this is their first PERM/GC filing. Company is not a desi consulting company. Only 2 other employees will apply for GC but company will apply for PERM only after my case is cleared for I-140.In fact this is the first GC case. I have a question regarding salary to be paid and actual salary being paid. Do the company has pay the proferred wages from day PERM is filed or the day I-485 is filed? Another question is: though the perm was filed for BS+5, which should be EB2, If company files I-140 in EB3, will it affect the outcome in any poisitve way. Right now, I need I-140 approval for three year extension. Other options can be considered latter.

canleo98
11-20-2006, 03:34 PM
Any suggestions........

pappu
11-20-2006, 10:39 PM
Any suggestions........
as suggested in my earlier post pls explore the thread on immigrationportal. It is an encyclopedia of this topic

softwareguy
11-21-2006, 11:57 AM
Is your current job title same as the one in the Labor petition.
Because all that matters is that GC could be for a future position and company should be paying you the stated $ value when you work on that position.

kiwi
11-21-2006, 12:30 PM
Hello Canleo98,

I am in the same boat. I was not on top of my things at the beginning of the GC/Labor process so doomed now. My labor attorney didn't evaluate my case and went ahead with labor. I didn't ask him to do so either.

Here is what my current attorney explained to me:

*----To review financial: The Company tax return must show ability to pay either as has profit large as salary; or, net assets exceed net liabilities by amount of salary; or, company can show it has been paying the minimum salary required. Any one of these must have applied from day filed the ETA 9089 and continuing at least to day of filing the I-140.ay be possible to use combination; i.e., profit less than salary, but when combined with salary actually paid (which may be below mandatory amount), they total high enough. -----*

His suggestion is: even if I had been paid all along above the prevailing wage, I140 could still be a hard pass since the company loss is so high. My case is my boss owns two companies (we share everything) but they are separate legal entities. My company is losing money on paper for certain reasons.

After inital shock after long wait (4 years to get LC cleared), his suggestion is to start all over again with the profitable company. Yes, but I lose time. I am doing H1b 1 year extensino now and I am thinking of starting over in a different company.

My company had one GC case before me - 4 years ago - the financial could be different then.

radhagd
11-21-2006, 03:34 PM
Hi Kiwi,

I have same situation. My lawyer also scared me when I filed I140
since my company situation is same as yours. But I got I140 approved with in
3 days in oct 2005. I submitted my paystubs and 3 years w2 forms

Radha

canleo98
11-21-2006, 09:04 PM
Is your current job title same as the one in the Labor petition.
Because all that matters is that GC could be for a future position and company should be paying you the stated $ value when you work on that position.

Hi softwareguy/kiwi/Radhad
My current job title is same as one in PERM. So future position justification do not hold good. I joined this company only 5 months back for GC. My PERM was approved in last week of Sept06. Before that I was working in one of the biggest IT company for more than 5 years. Prevailing wages in this area for my job description is 94K and company is paying 7K less. So company cannot show it has been paying the minimum salary required. Company is making losses since it was established 4 years ago but they have a cash balance of more $8M in account. Can this cash balance be used for calculating net assets exceeding net liabilities by amount of salary;
To know more about how it works, I am going through the postings of UnitedNations on immigration portal as suggested by Pappu.
I suggested my company/attorney to apply for I-140 through PP so that I can come to know if I-140 will be approved or denied. Company is not willing to apply for I-140 as attorney says that PP attracts more scrutny and they might deny my I-140. I have only 7 months left on H1B, So I am stressed and looking for options.
Thanks to all who have replied......

k_ek
11-22-2006, 01:03 PM
Hi softwareguy/kiwi/Radhad
My current job title is same as one in PERM. So future position justification do not hold good. I joined this company only 5 months back for GC. My PERM was approved in last week of Sept06. Before that I was working in one of the biggest IT company for more than 5 years. Prevailing wages in this area for my job description is 94K and company is paying 7K less. So company cannot show it has been paying the minimum salary required. Company is making losses since it was established 4 years ago but they have a cash balance of more $8M in account. Can this cash balance be used for calculating net assets exceeding net liabilities by amount of salary;
To know more about how it works, I am going through the postings of UnitedNations on immigration portal as suggested by Pappu.
I suggested my company/attorney to apply for I-140 through PP so that I can come to know if I-140 will be approved or denied. Company is not willing to apply for I-140 as attorney says that PP attracts more scrutny and they might deny my I-140. I have only 7 months left on H1B, So I am stressed and looking for options.
Thanks to all who have replied......

Hi all the helping hands
i have a question aboutPWD(prevailing wage) .Recently mt company has stsrted gc processing for me.Its alredy 4 months and they say that they got the PWD and now proceeding with other requirements of perm labour.My question is can it be possible that i get a copy of my pwd or can check the salary in that pwd .
thanx
kek

canleo98
11-22-2006, 05:05 PM
Hi all the helping hands
i have a question aboutPWD(prevailing wage) .Recently mt company has stsrted gc processing for me.Its alredy 4 months and they say that they got the PWD and now proceeding with other requirements of perm labour.My question is can it be possible that i get a copy of my pwd or can check the salary in that pwd .
thanx
kek

k_ek,
Ask your HR or Attorney, they can tell you prevailing wages in your area. Otherwise, they have to get your signatures on original PERM when I-140 is filed and PERM has prevailing wages/hr in it. I saw a link few days back in this forum which was giving approx salary by profession and zip code. I couldn't find it now

kkcal2002
11-22-2006, 05:21 PM
I appologise if this question is totally unrelevant to this thread. Please give me some suggestions or directions to appropriate thread.

Here is my question:

BEC Status check says my case is CERTIFIED from monday. Since my PD(EB3-RIR-PD July 2002 from CA) is not current or it is not going to be current in near future i.e., atleast in another 6-12 months, Is it worth spending for I-140 premium processing ?, how much it would cost and also If I choose regular path to process I-140, how long will it take to get approval.

thx and greatly appreciated you guys suggestions.

thx
kkcal2002

GCwaitforever
11-24-2006, 10:05 AM
I would suggest premium I-140 processing only if you want to port your old PD - possible reasons being leaving the company in future or there is an imminent risk of lay-off. Otherwise it is a waste of money.

kkcal2002
11-24-2006, 12:39 PM
Thanks for your suggestions GCwaitforever...!

pappu
11-24-2006, 12:47 PM
I would suggest premium I-140 processing only if you want to port your old PD - possible reasons being leaving the company in future or there is an imminent risk of lay-off. Otherwise it is a waste of money.
My advice:
If you go with premium processing for 140, make sure your lawyer submits all needed company financial documents and your education documents. doing this will avoid any RFE and delays. I have seen lawyers trying to file applications without all documents and then submitting them on RFE. submitting documents later, leaves less room for making fixes if your lawyer messes up. if the RFE is denied then lawyers can file an appeal and it takes a year to get an answer. you may want to be on top of things with your lawyer when you are trying to get it done fast by premium processing.

kkcal2002
11-24-2006, 07:06 PM
Thanks for the advice pappu. Since I-140 process doesn't require signature or any form from employee(they are asking me to just email some demographic information and send a copy of I-94), how can I make sure the attorney is not missing any required document(s). What are all the required docs for I-140. Can I have the right to ask attorney to provide me the list of docs, just before submission ? So that I can cross check and verify ?

Thanks again.
kk

pappu
11-24-2006, 07:16 PM
Thanks for the advice pappu. Since I-140 process doesn't require signature or any form from employee(they are asking me to just email some demographic information and send a copy of I-94), how can I make sure the attorney is not missing any required document(s). What are all the required docs for I-140. Can I have the right to ask attorney to provide me the list of docs, just before submission ? So that I can cross check and verify ?

Thanks again.
kk
If the attorney is yours and not your employer's, you have all the right to ask him to run all documents by you. If the attorney has been hired by your employer and the employer is paying for the attorney then it is not easy to ask. it depends on your relationship with your HR. I advice my friends in such case to always hire own attorney as a consultant and then ask HR and company lawyer to send you the documents so that you can show to your own attorney for approval. this will also make your company attorney do a better job since his reputation is at stake with another collegue who might pinpoint his mistakes. a company attorney will always work in the interest of the company and your attorney will work in your interest. It is an extra expenditure for you to hire a consultant lawyer, but I think it is worrth it.

kiwi
11-27-2006, 10:06 AM
Hi Kiwi,

I have same situation. My lawyer also scared me when I filed I140
since my company situation is same as yours. But I got I140 approved with in
3 days in oct 2005. I submitted my paystubs and 3 years w2 forms

Radha

Radhagd, I sent your a PM. Please check. Just want to ask more info in your case. Thanks.

k_ek
11-27-2006, 12:33 PM
hi Canleo98
thanx for ur reply.Just post that link if u find that in this forum.
thanx
k_ek

FinalGC
11-27-2006, 01:29 PM
Guys:

Here is the site from where all our lawyers get the prevailing wage determination.

Put the state, then county and then the preferably select "Select an occupation from the list", if that is how you have applied.

http://www.flcdatacenter.com/OesWizardStart.aspx

radhagd
11-27-2006, 02:27 PM
Radhagd, I sent your a PM. Please check. Just want to ask more info in your case. Thanks.

I did not get any Personal email.my email id is radhagd@yahoo.com
Please send me again

Radha

GCwaitforever
11-27-2006, 05:48 PM
If you check on the top right hand corner, you would see a link for Private messages (PM).

ajz3
12-05-2006, 12:37 PM
Hello. i140 filed on march 27th. Upgraded to PP on Nov 15th. Today is Dec 5th and theres nothing, no reply or anything. Does anyone knows how this goes?

THX:)

perm2gc
12-05-2006, 12:40 PM
Hello. i140 filed on march 27th. Upgraded to PP on Nov 15th. Today is Dec 5th and theres nothing, no reply or anything. Does anyone knows how this goes?

THX:)
Did you contact your attorney?

somegchuh
12-14-2006, 02:07 PM
This is really solid advice for anyone thinking about filing 140 in PP. I think its worth the extra money and the chance of extra scrutiny if there is a clear risk of getting laid off in the next 6 months. If there isn't such a risk you can file regular and if a risk develops you can always upgrade to PP.

I would suggest premium I-140 processing only if you want to port your old PD - possible reasons being leaving the company in future or there is an imminent risk of lay-off. Otherwise it is a waste of money.

GCard_Dream
12-14-2006, 02:43 PM
Somewhat unrelated question but might be helpful for everyone. Can a company who you are not currently working for sponsor you for GC if you can convince that company that you'll join them once you have the GC? I know it's a long shot convincing any company to do that but can it be done without any heartburn for USCIS?