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I-140 Discussion Forum
2009 PD Support Group - I-140 Journey Discussion. |
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Hi Guys,
I am starting this thread to discuss / Help / Advise / Pass Info to the fellow I-140 applicants. This will be similar to the Feb PERM support group.
To start with we will get some basic data about our status and to see where we are at with the I-140 filling.
I will start with my case
PERM - Approved Dec 16 2009.
EB2 - India
I-140 will be filled preety soon, as early as next week.
Current H1B valid until this year end.
I am not a consultant but a Full Time Employee.
Hope to see you guys here.
Thanks
Qdublin.
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to Qdublin:
PERM - Approved Dec 24 2009.
EB2 - India
I-140 - Will be filled soon, as internal review is going on for my case with lawyers
Current H1B - Till April 2010.
Employment - Full time with company benefits like paid leave, insurance, etc.
Waiting for filling extension too in Feb-2010.
Hope we will continue to monitor our cases as we did in PERM tracker.
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to bhattji:
Thanks for joining and hope others will follow. My I-140 should be filled this week. I will keep you guys posted.
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to Qdublin:
Hello,
I am also planning to file I-140 pretty soon. Count me in the group.
Are you guys considering Premium or Regular processing?
Thanks,
SAI
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Hello:
Here is my situation. When my company made a company-wide 15% pay reduction for all its employees. Now my gross salary is less than what the prevailing wage on my PERM (approved) has stated. Furthermore, my company lost money for FY 2009.
Can I still file I-140?
Please discuss.
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to sai09:
I think they are filling regular as I have time on the my H1B. what about you?
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to Pickle:
Pickle,
GC is for the future employment so in my opinion you shouild be ok as long as they agree to pay the prevailing wages once your GC is approved. Other please chime in. what does your lawyer think?
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to Qdublin:
My Company says go for regular, if you want you can do on your own expense. I am on the 4.5 years of my H1-B.
What do you think?
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to Qdublin:
My lawyer thinks that this is not a good situation for me obviously. But he says he is going to do some research on providing other financial evidence to support my I140.
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to sai09:
In my opinion I think you should just go for the regular processing as you have time and in the likelyhood of any miracles happening like the July 2007 fiasco you can still apply for I-485.
But if we have time we should go for regular I-140 processing as a) we dont want a knee jerk reaction and b) save money when you can.
What do you have in mind? why did you think you should go for premium processing? share your thoughts.
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to Pickle:
I am trying to understand your situation here, so currently you are geting paid the prevailing wages as mentioned in you H1B LCA is that correct? as far as I understand and again I might be wrong GC is for the future employement and as long as you will get paid or the company has a plan to get you to the salary mentioned in PERM Labor by the time you get your GC you should be fine.
Does your lawyer says that your current salary should be equal or more than the PERM prevailing wage? please clarify.
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to Qdublin:
Yes you are correct.
My current H1B salary is more than the prevailing wage for LCA. However, my current salary is 15% less than the prevailing wage on my PERM because of company-wide pay cut.
My lawyer said that my company has to prove that they can pay at least the prevailing wage as stated on my PERM.
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to Pickle:
Ability to pay is important, but your company can start paying the PERM wages once your GC is approved. You need to talk to your HR. As long as your company is willing to pay the wages in your PERM after the GC approval you should be fine. Please talk to a different attorney for a second opinion and let us know what you find.
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to Qdublin:
I talked to my attorney. He said my company should start paying at least the minimum PERM wage right away, especially before the start of I-140 filing. He said this is the best proof to show that my company has the ability to pay despite reporting losses in the last two years. Does that make sense?
Other please chime in also.
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to Pickle:
Sure I get it. So your lawyer is finding it difficult to establish the employers ability to pay, and its difficult for him to as you mentioned that your company posted losses. Good luck and keep us posted about your I-140 filling.
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to Qdublin:
I have read in other forums that the salary of the beneficiary must be at least that of the proffered wage since the establishment of the PD. My question is:
"When is the establishment of the PD?"
Is PD approval date or the day the PD was filed?
Anyone?
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to Pickle:
Can you point me to any DOL or USCIS document stating this? just curious
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to sai09:
sai09
Did you file your I-140 yet?
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to Qdublin:
It's actually from the Yates memo about company ability to pay. It was listed in one of the bullet points.
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I googled the info on proffered wages and the yates memo. I read about them and what I understand is that the petitioner should pocesses the ability of paying the wages in the PERM from the date the priority date is esbalishes meaning from the day you file for PERM till the day you get your GC, but it does not mean that he should pay the PERM untill your GC is approved. This is my interpretation and I might be wrong.
Below are the experts about the proffered wages, please read carefully. Let me know what you think.
Employer's ability to pay the proffered wages
8 C.F.R. 204.5(g)
(2) Ability of prospective employer to pay wage.
Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.
It's actually from the Yates memo about company ability to pay. It was listed in one of the bullet points.
to Pickle:
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to Qdublin:
Working on it, Will file soon. How about you?
Thanks,
Sai
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to sai09:
Same here. They should be filing soon. Keep you posted.
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to Qdublin:
You Status says approved in profile.
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What status are you talking about?
You Status says approved in profile.
to sai09:
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to Qdublin:
Since i saw 2 perm approvals IL and GA. i thought one is I-140
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to Qdublin:
Hi All,
I was informed that with a PD date of 2010 i would be looking at roughly a 5 year wait to get my Green Card via EB3. I am not sure how true this is as currently the PD is 2002 so i was thinking roughly 8 years is more realistic. Can anyone shed some light on what my realistic expectations should be with a PD in 2010.
I am from the United Kingdom so qualify in the Rest of the World Category.
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Unfortunately no one can predict the dates.
Hi All,
I was informed that with a PD date of 2010 i would be looking at roughly a 5 year wait to get my Green Card via EB3. I am not sure how true this is as currently the PD is 2002 so i was thinking roughly 8 years is more realistic. Can anyone shed some light on what my realistic expectations should be with a PD in 2010.
I am from the United Kingdom so qualify in the Rest of the World Category.
to FUBU05:
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to Qdublin:
Perhaps no one can be 100% with there predictions but i have heard of some people attempting to use some form of calculation to estimate a date. With a 2010 PD could anyone make an educated guess of when this would become current?
Thanks in advance.
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I have started preparations for application of I-140, EB-2, self-petition.
suggestions, answers and help to my question highly appreciated.
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to Puru:
Please update your profile. What do you mean by self petition? did you file for your PERM?
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my company just filed by I-140 , is there a queue system based on EB1 / 2 or 3 ?
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to Qdublin:
Hi my case is
PERM- Applied Feb 27th 2009 /Approved in Dec 16th 2009,
EB2 INDIA. Got H1b until June2011.
I140 application sent last week to NSC ,no information so far
Full time employee.
Thanks,
Doc.
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to greenarrow:
what are you EB2 or EB3? your question seems to be confusing, on one hand you say your company filed for I-140 and at the same time you dont know about the EB system?
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to doc99:
Thanks for joining. And good luck with your I-140 keep us posted.
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to sai09:
Sai,
My I-140 was filled last week. No receipt notice yet. what about you?
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to Qdublin:
Will be filing soon.
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to bhattji:
Did you file your I-140 and H1B extension?
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I am here with giving my case
EB2 - India
PERM - Approved Dec 7 2009.
I-140 - Approved on Jan 27 2009 (Approved in 3 weeks in regular processing)..........But I didnt get my case number from my employer as of now. Is there any way to find out the case number thru USCIS with SSN or Labor certified number?
H1B valid until 05/2011.
I am working as a Performance Engineering Consultant for a third party client.
My Question:
How many years do we have to wait to file I-485? Some of my friends telling that USCIS will make the PD current in this summer. Is it?
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I am here with giving my case
EB2 - India
PERM - Approved Dec 7 2009.
I-140 - Approved on Jan 27 2009 (Approved in 3 weeks in regular processing)..........But I didnt get my case number from my employer as of now. Is there any way to find out the case number thru USCIS with SSN or Labor certified number?
H1B valid until 05/2011.
I am working as a Performance Engineering Consultant for a third party client.
My Question:
How many years do we have to wait to file I-485? Some of my friends telling that USCIS will make the PD current in this summer. Is it?
to kondalb:
Thanks for joining. Congratulations on your I-140 approval thats really quick. Coming to when you can file I-485 its difficult if not impossible to come up with some predictions, its anyones guess, but to be more realistic I dont see EB2 being current any sooner without any Immigration reform, atleast not by the end of this fiscal year.
More conservative estimates would be atleast 4 years from now. USCIS publishes backlog data every quarter which gives you an idea of how many people are ahead of you waiting for the GC.
Good Luck and please keep us posted and visit this thread to answer any questions people might have. |
to Qdublin:
Here's my situation
PERM - Approved Jan 2010.
EB2 - India
I-140 - applied on Feb 4 2010
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to psp80:
Thanks for joining. Whats your PD?
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to Qdublin:
Hey Qdublin,
I got my I-140 Approved. Sorry for not updating you.
Thanks,
SAI
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Congratulations. So you finally went for Premium processing. Was there a reason for premium processing?
Hey Qdublin,
I got my I-140 Approved. Sorry for not updating you.
Thanks,
SAI
to sai09:
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to Qdublin:
@Qdublin: My I-140 was applied on Oct 2009 and it has been 4 months and no updates on my case (shows Initial Review). I have asked my lawyer to raise a SR and find out what is happening with my case. Do you know how much time does it take for USCIS to come back after raising a SR? Or should I opt for Premium processing?
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to godofthunder:
Where was it filed? I am not sure about how the SR works or the timelines. But if you look at the processing times they are around 4 months and there is some info online on USCIS.gov about what to do if your receipt date is earlier than the processing times.
Here is what I found online on USCIS.GOV
IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance.
To start with I will try calling the above 1800 number for information and see what happens. Hope this information helps.
Please keep us posted on your case so that others can benifit. Godd Luck. And my feeling is that you would get your approval soon, its about time.
Sometimes No News is Good News.
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to Qdublin:
Thanks QDublin for the update and wishes. I'll keep you posted on the progress.
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to Qdublin:
@QDublin : Just got an email from USCIS that my I-140 got approved. Thank you for your wishes. Your wishes really helped me get my I-140 approved.
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to godofthunder:
Glad to hear that your case has been approved. Congratulations. Have a Good Weekend.
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Users watching this thread:
sai09, Qdublin, bhattji, Pickle, FUBU05, Puru, greenarrow, doc99, kondalb, psp80, godofthunder, tx078, jd00786, visagcinfo
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