TO Unitednations

Hey! UnitedNations

Appreciate all the wonderful insight/advice you have given all these days.

I have one more request. I remember seeing one of your posts sometime back where you had mentioned that you knew of some companies that have a few pre-approved LCs. Can you let me know if that is still the case? Can you give me the contact information for these companies? A couple of my friends are interested. Money is not a problem.

Thanks in advance.
 
Thanks for the word of caution..

UnitedNations, you are absolutely spot on.

There are unscrupulous companies out there to exploit people who are anxious to get their GC. When approaching any company for pre-approved LC, its prudent to ask for the company's financial information.

Forum members, I did really appreciate it if anyone can help me out with a pre-approved labor.
 
unitednations said:
be very careful, labor substitution is very dangerous, there is an (in)famous company on the boards who filed many cases on labor substitution and uscis aggregated all of them and said company didn't have ability to pay. As far as I know all of them have been denied.

UN,

Unluckily, I am with this infamous company. I am going to file my EB3 140 to NSC. The LC is not a sub one but mine. In your experience for this company, did you imply the aggregation happened to CSC and Sub-LC for this company only? Do I have a chance to get thru this?
 
Appeal to I140&485 denial

unitednations said:
the companies I know of, used those LCs on existing people.

just a word to the wise; be very careful, labor substitution is very dangerous, there is an (in)famous company on the boards who filed many cases on labor substitution and uscis aggregated all of them and said company didn't have ability to pay. As far as I know all of them have been denied.

This was a big wake up call for everyone.

Unitednations & any another gurus,

Do you happen to know if there is any possibility to appeal I140&485 denial due to the my graduation date (April 2002) is later than the labor submission date (April 2001, PD)? If so, would you please address me how to pursue this possibility? Thanks,
 
I would say 40:60 chance of approval.

dabu said:
I am with this infamous company. I am going to file my EB3 140 to NSC. The LC is not a sub one but mine. In your experience for this company, did you imply the aggregation happened to CSC and Sub-LC for this company only? Do I have a chance to get thru this?

The chances are 40-60. -- More likely you will also get an RFE -- actually there is a flag which sets in on the company typically for 'ablity to pay issue'.

The chances of getting approved imporves if :
1> There is change in companys' income since the last got rejected.
2> Some one from Ur company had had an RFE and the reply satisfised the adjucators... he may turn off the flag.. So U will get approved without any problem.


Did U submit the tax returns of the company...If yes then check the details in that ... If the net profits are way over the net expense .. then U are all set.

Good Luck
 
Could u please help me answering the query?


I've got an RFE on ability to pay/ education's credential evaluation.
My company has given all their tax return copies. It has the following approx figures:
the Gross Income = 479K
all expenses = 285K
Depreciation = 163K
Net income = 31K
Asset=21K Current liabilities=7K
My expected Pre. wages = 62K( It is Future employment).
Can u help me understand the problems in proving the ability to pay in my case?
Is it o'k to treat depreciation as cash flow (163K+31K).
 
Thanks UN
Those details r from 2003 tax returns which we enclosed aloing with 140 appln. I'll look into the rest of them and get back to u. Thanks
 
Tax returns.

newimmi said:
Those details r from 2003 tax returns which we enclosed aloing with 140 appln. I'll look into the rest of them and get back to u. Thanks

The tax returns which U submited with I-140 does not look good... Ur attorney made a mistake by submitting it. It was a sure flag for RFE.

Now how is the company doing in 2004 tax returns.. If it is better looking then U can submit that for ablity to pay issue .. Shows that company is doing better now ...

It looks like its a small company --- and U do not work there.
If your company had done great in past .. prior to 2003 .. U can submit them too ... and writing a letter (Ur employer) stating that company fiances etc are strong and just for 2003 they performed bad and Including you in the team will get more revenue as Ur skills would generate more income .. etc etc..
{ Some nice big story}


HTH
 
Billtoo

The Lawyer says it could to be interpreted in a proper way and that's how many companies do. Mid range companies cannot show all the profits and pay huge tax, instead adjust them as depreciation. This company has good assets and growth.
 
unitednations said:
As of december 2004 there are over 3000 pending appeals cases at AAO regarding ability to pay denials.

Many of those people peruse the boards. there lawyers were of the mistaken belief that your lawyer is.

read these decisions; you'll see what AAO thinks of adding back depreciation and tax strategy.

Educate yourself.

http://uscis.gov/graphics/lawsregs/admindec3/b6/2004/index.htm

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Adding back depreciation is not going to help. However, I'm yet to see the 2004 and till Date of 2005 profits and then decide what to write.
 
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