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Premium processing of 140 Specific to premium processing only.

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  #1  
Old 11-18-2006, 03:40 AM
canleo98 canleo98 is offline
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Default Is it more likely to get RFE in Premium Processing of I-140 than regular processing

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
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  #2  
Old 11-18-2006, 04:21 AM
GCwaitforever GCwaitforever is offline
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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.
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  #3  
Old 11-18-2006, 10:45 PM
pappu pappu is offline
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Quote:
Originally Posted by GCwaitforever
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.
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  #4  
Old 11-19-2006, 02:54 AM
canleo98 canleo98 is offline
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Default

Quote:
Originally Posted by pappu
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.
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  #5  
Old 11-20-2006, 03:34 PM
canleo98 canleo98 is offline
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Default

Any suggestions........
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  #6  
Old 11-20-2006, 10:39 PM
pappu pappu is offline
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Quote:
Originally Posted by canleo98
Any suggestions........
as suggested in my earlier post pls explore the thread on immigrationportal. It is an encyclopedia of this topic

Last edited by pappu; 11-21-2006 at 08:18 AM.
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  #7  
Old 11-21-2006, 11:57 AM
softwareguy softwareguy is offline
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Default Current Job Title or Future Job Title.

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.
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  #8  
Old 11-21-2006, 12:30 PM
kiwi kiwi is offline
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Default In the same boat

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.
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  #9  
Old 11-21-2006, 03:34 PM
radhagd radhagd is offline
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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
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  #10  
Old 11-21-2006, 09:04 PM
canleo98 canleo98 is offline
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Default

Quote:
Originally Posted by softwareguy
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......
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  #11  
Old 11-22-2006, 01:03 PM
k_ek k_ek is offline
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Default Pwd

Quote:
Originally Posted by canleo98
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
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  #12  
Old 11-22-2006, 05:05 PM
canleo98 canleo98 is offline
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Default

Quote:
Originally Posted by k_ek
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
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  #13  
Old 11-22-2006, 05:21 PM
kkcal2002 kkcal2002 is offline
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Default I-140 Premium or Regular ?

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
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  #14  
Old 11-24-2006, 10:05 AM
GCwaitforever GCwaitforever is offline
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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.
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  #15  
Old 11-24-2006, 12:39 PM
kkcal2002 kkcal2002 is offline
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Thanks for your suggestions GCwaitforever...!
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