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No Clue... on this topic ..sorry

I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


I would like to get more information so that others who are planning to apply for GC should take this into consideration.

Any inputs is appreciated.

Thanks,
-M

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat

plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)

I wish people heed to this request, this will help some one like me. I missed the dates by 5 days. (PD is June 6, 2003. EB-3):(

bump

That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

What you say holds good only if employer A had already paid the proffered wage during those 6 months.

Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.

Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.

any more help??

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I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
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Hope this helps.PM

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