NSC Approvals Tracker 9 - starting 10th July 02
- Thread starter Rsur
- Start date
Good News for the convoluted RFE "Co.s Ability to Pay" Courtesy www.immigration-law.
Alien's W-2 and Proof of Employer's Ability to Pay in Green Card Proceedings
The economic downturn has definitely affected the financial picture of the U.S. employers, particularly small companies. In I-140 immigrant worker petitions, the Service Centers have been growingly demanding the proof of employer's financial ability to pay. The U.S. employers and their immigration lawyers have been struggling to deal with this issue and a number of their cases have been denied.
One of the arguments the U.S. employers have been advancing in dealing with the Service Centers was that the alien was currently "employed and paid salary." However, some adjudicators have denied despite such evidence if they saw poor financial picture for the company either in business tax returns or financial statement.
The INS HQ says "no more!" It confirmed to the AILA in a liaison meeting that the alien's W-2 with the employer should be enough to prove the financial ability to pay the salary for the green card proceeding and reminded the AILA that should any ignorant adjudicator argues otherwise, the employers should telll the officer that the INS HQ said that W-2 is a good enough evidence.
Isn't it a beauty?
Alien's W-2 and Proof of Employer's Ability to Pay in Green Card Proceedings
The economic downturn has definitely affected the financial picture of the U.S. employers, particularly small companies. In I-140 immigrant worker petitions, the Service Centers have been growingly demanding the proof of employer's financial ability to pay. The U.S. employers and their immigration lawyers have been struggling to deal with this issue and a number of their cases have been denied.
One of the arguments the U.S. employers have been advancing in dealing with the Service Centers was that the alien was currently "employed and paid salary." However, some adjudicators have denied despite such evidence if they saw poor financial picture for the company either in business tax returns or financial statement.
The INS HQ says "no more!" It confirmed to the AILA in a liaison meeting that the alien's W-2 with the employer should be enough to prove the financial ability to pay the salary for the green card proceeding and reminded the AILA that should any ignorant adjudicator argues otherwise, the employers should telll the officer that the INS HQ said that W-2 is a good enough evidence.
Isn't it a beauty?
Hello Sri
I talked to my atty and he asked me to wait one more month. He is saying that they have a huge backlog on I140 and due to security check they are delayed. What is the best way to approch my atty? Adn also best way for my atty to approch INS. Please advise.
Thabks
I talked to my atty and he asked me to wait one more month. He is saying that they have a huge backlog on I140 and due to security check they are delayed. What is the best way to approch my atty? Adn also best way for my atty to approch INS. Please advise.
Thabks
To Reach_INS
The NSC I-140 process time is shown as 3/13/2002. I suggest you do something. Hope the following information helps:
"How to Read NSC Report: An application or petition with a Receipt Notice date listed above should be processed within 30 days of this notice. If the Receipt Date on your Receipt Notice shows an earlier date and 30 days have passed since that receipt date, please send an inquiry to fax number (949) 389-3485. "
The NSC I-140 process time is shown as 3/13/2002. I suggest you do something. Hope the following information helps:
"How to Read NSC Report: An application or petition with a Receipt Notice date listed above should be processed within 30 days of this notice. If the Receipt Date on your Receipt Notice shows an earlier date and 30 days have passed since that receipt date, please send an inquiry to fax number (949) 389-3485. "
Venkat CNV
Registered Users (C)
Status
AVM says still pending. But two of my friends having RD April 27th EB3 got approved on July12th. So my guess is mine will take another 2 to 3 weeks.
Venkat.
AVM says still pending. But two of my friends having RD April 27th EB3 got approved on July12th. So my guess is mine will take another 2 to 3 weeks.
Venkat.