United Nations please help

R

rest_2004_free

Registered Users (C)
I have applied labor in the old process. If I am not getting paid PW but below it. What are the chances of getting approved in 140 and 485. Do I have hope? I have been waiting on this labor for a long time, it is not approved yet. Sorry for posting this question. I need to know whether to move on or reapply with PERM. I know the company can show ability to pay employer says he never had any problems and does not intend to get one...anytime soon. I will go to Nebraska center, I know CSC had some denials...

This is a very vague question nobody answeres. UnitedNations please answer.

Thanks,
:)
 
Labor.

rest_2004_free said:
This is a very vague question nobody answeres. UnitedNations please answer.
:)
Click to expand...

it's not vague.. Getting lower wages does not automatically flag Ur application for RFE..

If the company (assuming that its small company) tax returns are good for the year in which Ur labor was filed -- then U are all set...

But since the labor is taking such a long time -- better apply for a fresh one ... whichever gets in first U are a winner.

Good luck.
 
unitednations said:
Keep in mind that if you are getting paid less then labor wage then company has to make up for the difference each year from priority date.

Regarding filing a new perm labor. That is a good option but keep in mind that you will get a new priority date.
Click to expand...

UN,

What a good point and possibly good strategy. I am preparing to apply I-140/I-485 to NSC. Unfortunately I am with the lousy company that has the ability to pay issue which caused many of its Sub-LC+CSC employees denied. Fortunately the LC is mine and the PW/CW gap is about 10K.

Based on your point, do you think I should use PERM as a backup? Since that we can start a new and recent PD (I don't have issue in PD), lower PW close to CW, lower difference the company has to make up from the very recent priority date. In that way, maybe (correct me) USCIS (and especially NSC) may not bother to check the company's tax returns assuming that my W2s can support myself. Hence, less chance for RFE or Denial.

UN, could you analyze it and tell me if this is a good strategy? I've read almost ALL of your postings regarding the ATP issue. Thanks for your great help in this community.
 
unitednations said:
Sure, that is a good strategy. However, my understanding is that the prevailing wages that are coming out are higher then the current wages being used in the labor certification.
Click to expand...

UN,

Thanks for your reminder! My RIR LC is EB2. My guess is, my PERM LC, if applied, will be EB3 since I'm in IT field. So the PW should be (I'm not sure, have to ask lawyer) lower. I will try my best to match PW to CW, at least make it closer. To overcome the difference without relying on the company finance, what do you suggest I can do? Please remember there's nothing for tax return for 2005 yet.

Say I file PERM in June and get it in August. My PD is June 2005. And the ability-to-pay should count from June 2005. UN, in your point, do you mean I just need to prove the ATP with the company from June 2005 to, say December 2005? But we don't have tax return and W2 for 2005 yet. Does it mean I have to and should show my paystubs and those will be enough? What else can I do?

Sorry I built this up based on an assumption that I could go for PERM. But maybe this is a great idea for many sufferring guys to overcome ATP problem.
:rolleyes:
 
hi UN

Our RD is 02/23/2005
ND is 02/28/2005 under EB2. sub-labor.

We applied from vermont. Our address is given as
Dallas,TX but right now we are not there.
My wife wants get EAD.

1. Does she need to goto Dallas local INS office
and apply for interim EAD. or she can apply in the local INS office where we live in the westcoast. I have given my cousines address coz he lives permanently in dallas,tx.
2. 90 days time is from RD date or ND.
3. Can I take info pass appointment before 90 days
to save sometime....

Thanks in advance.
 
Unitednations,

This is a very encouraging piece of information from you. Can you point us to the source if you happened to read this from a website? This is hard to believe as it contradicts with the information that it is going to retrogress further because of visa numbers getting consumed at a faster rate.
 
Unitednations,

Thanks for sharing the information. This is really wonderfull to even just read. If this is approved soon and signed in to an act, it will solve half of the problems faced by legal immigrants
 
UN,

Remember we've ever talked about using PERM's current PD to overcome Ability To Pay issue in the future I-140? OK. I talked to my company (you know, that notorious one) and attorney. They are willing to file PERM if I want it. Here are some of my details:

1. PERM EB3 PD=6/15/2005(?) CSC(?)
2. Salary < Prevailing Wage (but only 3K difference)
3. Company willing to file Tax Return 2001-2004(but no use, since 2005 Tax Return and W2 are not yet)
4. I had bonus about 3K from 2003 to 2005. Have proof.
5. I worked extra hours and got extra payment (5K) in 2004. So salary in 2004 is better than my original salary. Have proof.
6. Will send Paystubs from 6/2005 to whatever dates of I-140 and and the above extras.

UN, based on the above details, what else do you think I can do to overcome the possible ATP issue? I want to give it one shot and no RFE or Denial. Does it sound like a good plan? Any suggestions? Thanks UN!

Dabu
 
Hi UN,

This is not a Immigration question. But it is related to the tax. Since you are expert in the tax, I hope you can suggest me.

My employer told me that, they paid state taxes in IL, Chicago (My GC is filed there) and I live in NY. Which state taxes I need to pay. IL or NY???

I appreciate your time.
 
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