GCcrusader,

M

Marta

Registered Users (C)
A GC is for a future job. After getting your GC, your sponsoring company must be able to pay you a salary (as specified in the LC) from the day one. So an employment letter stating that you are on a leave is no good. Moreover, the fact that you have another employer is irrelevant here, since he is not sponsoring you.

During I-140 and etc. the INS needs to be convinced that your sponsoring company will be able to pay your future salary. The size of the company does not matter, the ability to pay your salary does. It is also true that in case of a small company an RFE is often issued to get more evidence of financial ability to pay salaries. It is not going to be easy to convince the INS that your company could pay you after your GC since you have not been working for them lately due to the bad economy. So, it is a credibility issue here.

Anybody else has a different idea or opinion about this????

Good luck!
 
thanks marta

I had specifically asked my attorney if these would be a issue,he did not feel so.
My employer also is confident based on the fact that the labor went through after a few RFE\'s for financial statements.
I am quite confused ..the best i can do is get a payroll for a total of about 30 K for the year from the sposoring company, while the h1 says 60 k and GC says 67 K.
I am sure there are many others in this situation, 70 % of H 1 guys work for small companies, i wonder what they are doing to avoid problem.
 
No Title

GCcrusader,
Nothing is ever black and white with the INS. I don\'t blame you that you are confused. It would be nice to hear from some of H1s who work for small companies.

It is also good to verify everything your attorney tells you from another source. My attorney (as many others) has been incorrect many times.

Anyway, I hope you do well and get your GC!

Marta
 
Please advice my situation.

I work a mid size privately owned nutraceutical manufacturing company. My LC salary is $54,000. During this LC processing I got a promotion and my salary become $65,000 wich is higher then LC. But I have a situation here. My company is very restrictive about disclosing financial information to the outsider. They are not willing to to give me companys tax return but they will be able to write a letter about the solvancy of the comapany. I have my pay stubb, tax return, bank statement about the salary. Company is very profitable but not public company. Is these going to be enough If I cant collect that paper from the company?
 
Ask them if they can send the financial documents directly to the lawyer...

You or your lawyer can draft up a letter indicating that the financial information will be held confidential from you (if that is the problem that the employer is having). Just have them send all the paperwork to the lawyer.

Additionally, if the company size is more than 100 people, then a letter from the CFO indicating that they are willing and able to pay your salary should be enough.
 
habib,

I do not think you need to be concerned about the financials of your company. Your lawyer can take care of it after he singns a non-disclosure agreement with your company.
I am more concerned about your mentioned promotion. I hope it did not change your job description and duties! If it did, you need a new LC.

Good luck!
 
% age of applications that generate RFE\'s ?

Hi Marta,
1.Do you know what the approx percentage of applications that get RFE\'s
2.Can we accumilate a list of common RFE\'s for each stage.

Thanks
 
Actually, the attorney is representing the company at the I-140 stage

Therefore, any disclosure is protected by attorney-client privilege.

Jim
 
No Title

GCcrusader,
1.I do not know. It would be interesting to know.
There is http://instrack.sce.net/, which could give you some kind of a sample about this.
2. I think that somebody has already tried to compile a list of common RFE\'s. Try to do a search on this.

Marta
 
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