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Hi Rajiv,

I am a software engineer.

My petition for a non-immigrant worker (H1B visa filed by new US employer say employer A) is in approved state.Now, visa stamping is pending.

However, my current employer (say employer B) wants me to travel to USA for 3 months on B1 visa.
And I want to apply B1 visa application.

I request you to please answer following queries at the earliest.

1. Do probabilities of getting B1 reduce because I-129 is in approved state?

2. If I apply for B1, then will it affect H1 process?

3. Suppose I am granted B1 visa, then as per schedule, I will be back in India by Dec'07.
So, can I appear for H1b interview in Jan'08 and fly to US immediately after that (say Feb'08)?

Hope to hear from you as early as possible.

Regards.
 
I-130/485 denial, MTR was not open for 16months

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Hi,
I am a USC and sponsored my husband, H-1B at that time, to GC in Oct. 2004. Because of his first marriage issue, I-130/485 was denied at March 30 2006.
My attorney filed MTR/Appeal in hand to the officer who denied our application, then no signal from CIS. Contacted to Senator, and CIS replied to the Senator as status as "pending for MTR" due to back ground check processing as of July 2007 on the letter from a liaison officer. My attorney asked us to submit I-765 since the other liaison officer replied to him via email that the status is pending for I-485. We had filed I-131/765 last year when the officer let us do that via email. However she never touched anything about the case submitted for MTR, then 2 apppications were denied due to no adjudication pending. I really do not know if we file I-765 for now. Please advise, it has been 16months for waiting to grant MTR.

Sincerely,
Jessica
 
Traveling outside US without I-485 receipt and AP

Thanks for the excellent service you provide. My wife and I have filed I-485, EAD and AP in August 2007. We have valid H1/H4 visa stamped till end of the year. We have international travel plans during the month of October and November 2007. Is it okay to leave the country for travel if we have not received even the receipt for I-485 petition by October 2007? if not, what can be the alternative? Thank you !
 
Request for Evidence I-140

Dear Mr. Khanna

My future employer filed the form I-140 for a position as a Manager in a restaurant.

He got a Request for Evidence letter from USCIS. They are saying that the U.S. tax return for 2005 shows that net current assets were greater than the proffered wage but not the U.S. tax return for 2003 and 2004, which show that neither net income nor net current assets are equal to or greater than the proffered wage.

So, they are asking him to submit further evidence to establish that he had the financial ability to pay the offered wage as of the priority date, September 23, 2003, and continue to have such ability. USCIS is saying that “such evidence of ability to pay must include petitioner’s U.S. tax return for 2006, annual reports, or audited financial statements for years/quarters since September 23, 2003. You may also include additional evidence, such as audited profit/loss statements, bank account records, personnel records.”

The U.S. tax return for 2006, he is going to give me it and it looks fine.

The annual reports or audited financial statements for years/quarters since September 23, 2003, he doesn’t have it because he has never asked to his accountant. And he is not going to ask either.

He has the bank account records such as bank statements for his business, which is a LLC.

I read an article HOW TO PREVENT DENIALS OF EMPLOYMENT-BASED IMMIGRANT VISA PETITIONS written by Cyrus D. Mehta, who is the founder and managing attorney of Cyrus D. Mehta & Associates, P.L.L.C., where he mentions that

"it is a common accounting practice to minimize the net income of a small corporation, and instead, pay out the officers, who may also be its principal shareholders" and that "If the low net income is reported to minimize corporate tax liability, the principal officer and shareholder should affirm that he or she would be willing to allocate some of the compensation toward the prospective employee's salary."

I have a similar situation. My prospective employer is sponsoring as a Manager. My schedule will be from 11:00 am to 7:00 pm. My petitioner is the only owner and also the only manager. He has had an annual salary in the range of 70,000 to 96,000 in the last years.

So my question is:
Could he send a letter along with the U.S. taxes returns explaining that he is going to reduce his workload due to personal matters and that part of his salary, per example $20,000, will be allocated to pay part of my salary?

Would USCIS accept this letter as a part of the financial documentation? What kind of evidence can the petitioner submit as a personnel records?

Thanks,

Esteban
 
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