Hello,
I have a question, does Nebraska ask to show ability to pay from the employer if we are claiming PD from my previous employment I-140 approval? I mean will they ask from the day labor was filed or from the day PD is being claimed?
For instance if I am claiming Jan 2002 PD from the older I-140 approval with the current employer, will Nebraska ask for ability to pay from Jan 2002 for my case? or will they ask ability to pay from Jan 2006 the day when my PERM was filed.
Gurus please answer.....
I have found the following information from murthy.com....
2. CSC Update : February 2006
Representatives from the California Service Center (CSC) met with the CSC Liaison Committee of the American Immigration Lawyers Association (AILA) on February 22, 2006. A number of immigration matters were discussed. Items of particular interest are highlighted in this report.
Employer's Financial Ability to Pay
To obtain approval of an I-140 immigrant petition for a foreign national worker, an employer must show ability to pay the offered wage. Regulations state that the petitioner must be able to pay from the priority date forward. The CSC appears to take the position that an employer must show the ability to pay the prevailing wage from the year in which the labor certification was filed, rather than as of the individual's priority date. Often the two are one and the same, but not in every circumstance. This is a questionable interpretation of the ability to pay requirements that are generally understood to be from the date that the labor certification is filed. This interpretation makes things easier in some instances, while in others it may make things more difficult.
Transfer of Priority Date
The CSC confirmed that an individual with an earlier priority date, established through an approved I-140 petition in one employment-based (EB) category, may transfer that earlier priority date for a later case filed in a different employment-based category. This can be an enormous benefit when the retention of the earlier priority date is permitted for a later filed EB case. We note that this procedure does not work if the initial I-140 petition has been revoked due to fraud or for use in a labor substitution case.
I have a question, does Nebraska ask to show ability to pay from the employer if we are claiming PD from my previous employment I-140 approval? I mean will they ask from the day labor was filed or from the day PD is being claimed?
For instance if I am claiming Jan 2002 PD from the older I-140 approval with the current employer, will Nebraska ask for ability to pay from Jan 2002 for my case? or will they ask ability to pay from Jan 2006 the day when my PERM was filed.
Gurus please answer.....
I have found the following information from murthy.com....
2. CSC Update : February 2006
Representatives from the California Service Center (CSC) met with the CSC Liaison Committee of the American Immigration Lawyers Association (AILA) on February 22, 2006. A number of immigration matters were discussed. Items of particular interest are highlighted in this report.
Employer's Financial Ability to Pay
To obtain approval of an I-140 immigrant petition for a foreign national worker, an employer must show ability to pay the offered wage. Regulations state that the petitioner must be able to pay from the priority date forward. The CSC appears to take the position that an employer must show the ability to pay the prevailing wage from the year in which the labor certification was filed, rather than as of the individual's priority date. Often the two are one and the same, but not in every circumstance. This is a questionable interpretation of the ability to pay requirements that are generally understood to be from the date that the labor certification is filed. This interpretation makes things easier in some instances, while in others it may make things more difficult.
Transfer of Priority Date
The CSC confirmed that an individual with an earlier priority date, established through an approved I-140 petition in one employment-based (EB) category, may transfer that earlier priority date for a later case filed in a different employment-based category. This can be an enormous benefit when the retention of the earlier priority date is permitted for a later filed EB case. We note that this procedure does not work if the initial I-140 petition has been revoked due to fraud or for use in a labor substitution case.