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Old 11-26-2003, 09:14 PM   #1 (permalink)
Gcseeker
 
Posts: 18
Default RFE for company's ability to pay the green card beneficiary - a question

hi gurus,
if a company has profits of $500K (profits OR assets-liabilities)
and it applied for green cards for 10 guys each getting a proposed salary of $100K

would INS decide the company's ability to pay, by dividing/distributing
the company's profits among all the applicants' proposed salaries and decide
accordingly for a particular case ?

OR

would INS take an individual applicant's case with $100K proposed salary and look
at the company's total profits $500K and then agree that the company will
be able to pay the individual applicant's salary ?

your answers are highly appreciated.

thanks,
gcSeeker
 

Old 11-28-2003, 08:42 PM   #2 (permalink)
Folinskyinla
 
Posts: 4943
Default Re: RFE for company's ability to pay the green card beneficiary - a question

Originally posted by Gcseeker

    > hi gurus,

    > if a company has profits of $500K (profits OR assets-liabilities)

    > and it applied for green cards for 10 guys each getting a proposed
    > salary of $100K


    > would INS decide the company's ability to pay, by
    > dividing/distributing

    > the company's profits among all the applicants' proposed salaries
    > and decide

    > accordingly for a particular case ?


    > OR


    > would INS take an individual applicant's case with $100K proposed
    > salary and look

    > at the company's total profits $500K and then agree that the
    > company will

    > be able to pay the individual applicant's salary ?


    > your answers are highly appreciated.


    > thanks,

    > gcSeeker



Hi:



"Ability to pay" is a hot issue. At least CSC will be quite creative in
coming up with reasons on inability to pay.



Our office just had an interesting one where they propose to REVOKE a
petition pursuant to a statute which specifically prohibits such
revocations and punts the issue to immigration court -- goes something
like this.



"AAO has issued an informal memorandum stating how a coprorate tax
return is to be examined: formula #1.



"In applying the formula articulated above [formula #2 which is
different from formula #1], the following can be seen:



"[ Stated figures from tax returns and results which match neither
formula #1 or formula #2, and are therefore formula #3 -- a formula
which cannot be deduced using standard algebraic principles]."



The Service Centers will often CORRECTLY cite the appropriate law and
then proceed to not apply it.



So, the only principle I've been able to deduce is that "Law, we don't
apply the law, we don't have to, we're the Department of Homeland
Security! " [Aploogies to Lilly Tomlin].

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com
 
Old 12-01-2003, 05:30 PM   #3 (permalink)
Gcseeker
 
Posts: 18
Default Re: RFE for company's ability to pay the green card beneficiary - a question

Folinskyinla <member4043@british_expats.com> wrote in message news:<>...
    > Originally posted by Gcseeker
    >
    > > hi gurus,
    >
    > > if a company has profits of $500K (profits OR assets-liabilities)
    >
    > > and it applied for green cards for 10 guys each getting a proposed
    > > salary of $100K
    >
    > >
    >
    > > would INS decide the company's ability to pay, by
    > > dividing/distributing
    >
    > > the company's profits among all the applicants' proposed salaries
    > > and decide
    >
    > > accordingly for a particular case ?
    >
    > >
    >
    > > OR
    >
    > >
    >
    > > would INS take an individual applicant's case with $100K proposed
    > > salary and look
    >
    > > at the company's total profits $500K and then agree that the
    > > company will
    >
    > > be able to pay the individual applicant's salary ?
    >
    > >
    >
    > > your answers are highly appreciated.
    >
    > >
    >
    > > thanks,
    >
    > > gcSeeker
    >
    >
    >
    > Hi:
    >
    >
    >
    > "Ability to pay" is a hot issue. At least CSC will be quite creative in
    > coming up with reasons on inability to pay.
    >
    >
    >
    > Our office just had an interesting one where they propose to REVOKE a
    > petition pursuant to a statute which specifically prohibits such
    > revocations and punts the issue to immigration court -- goes something
    > like this.
    >
    >
    >
    > "AAO has issued an informal memorandum stating how a coprorate tax
    > return is to be examined: formula #1.
    >
    >
    >
    > "In applying the formula articulated above [formula #2 which is
    > different from formula #1], the following can be seen:
    >
    >
    >
    > "[ Stated figures from tax returns and results which match neither
    > formula #1 or formula #2, and are therefore formula #3 -- a formula
    > which cannot be deduced using standard algebraic principles]."
    >
    >
    >
    > The Service Centers will often CORRECTLY cite the appropriate law and
    > then proceed to not apply it.
    >
    >
    >
    > So, the only principle I've been able to deduce is that "Law, we don't
    > apply the law, we don't have to, we're the Department of Homeland
    > Security! " [Aploogies to Lilly Tomlin].


hi,
thanks for the response.
i agree that BCIS can be quite creative in coming up with questions.
but that doesn't answer my question.

my question is more related to the profits a company has and according
to INS, how many candidates can it apply the green cards for ?

the basic rule for judging the ability to pay must surely be directly
related to the profits OR the revenues, the company has.

please answer my questions.
your answers will be highly appreciated.

thanks,
gcSeeker
 
Old 12-04-2003, 05:14 PM   #4 (permalink)
Gcseeker
 
Posts: 18
Default HELP.....................: RFE for company's ability to pay the green card beneficiary - a question

(gcSeeker) wrote in message news:<>...
    > Folinskyinla <member4043@british_expats.com> wrote in message news:<>...
    > > Originally posted by Gcseeker
    > >
    > > > hi gurus,
    >
    > > > if a company has profits of $500K (profits OR assets-liabilities)
    >
    > > > and it applied for green cards for 10 guys each getting a proposed
    > > > salary of $100K
    >
    > > >
    >
    > > > would INS decide the company's ability to pay, by
    > > > dividing/distributing
    >
    > > > the company's profits among all the applicants' proposed salaries
    > > > and decide
    >
    > > > accordingly for a particular case ?
    >
    > > >
    >
    > > > OR
    >
    > > >
    >
    > > > would INS take an individual applicant's case with $100K proposed
    > > > salary and look
    >
    > > > at the company's total profits $500K and then agree that the
    > > > company will
    >
    > > > be able to pay the individual applicant's salary ?
    >
    > > >
    >
    > > > your answers are highly appreciated.
    >
    > > >
    >
    > > > thanks,
    >
    > > > gcSeeker
    > >
    > >
    > >
    > > Hi:
    > >
    > >
    > >
    > > "Ability to pay" is a hot issue. At least CSC will be quite creative in
    > > coming up with reasons on inability to pay.
    > >
    > >
    > >
    > > Our office just had an interesting one where they propose to REVOKE a
    > > petition pursuant to a statute which specifically prohibits such
    > > revocations and punts the issue to immigration court -- goes something
    > > like this.
    > >
    > >
    > >
    > > "AAO has issued an informal memorandum stating how a coprorate tax
    > > return is to be examined: formula #1.
    > >
    > >
    > >
    > > "In applying the formula articulated above [formula #2 which is
    > > different from formula #1], the following can be seen:
    > >
    > >
    > >
    > > "[ Stated figures from tax returns and results which match neither
    > > formula #1 or formula #2, and are therefore formula #3 -- a formula
    > > which cannot be deduced using standard algebraic principles]."
    > >
    > >
    > >
    > > The Service Centers will often CORRECTLY cite the appropriate law and
    > > then proceed to not apply it.
    > >
    > >
    > >
    > > So, the only principle I've been able to deduce is that "Law, we don't
    > > apply the law, we don't have to, we're the Department of Homeland
    > > Security! " [Aploogies to Lilly Tomlin].
    >
    >
    > hi,
    > thanks for the response.
    > i agree that BCIS can be quite creative in coming up with questions.
    > but that doesn't answer my question.
    >
    > my question is more related to the profits a company has and according
    > to INS, how many candidates can it apply the green cards for ?
    >
    > the basic rule for judging the ability to pay must surely be directly
    > related to the profits OR the revenues, the company has.
    >
    > please answer my questions.
    > your answers will be highly appreciated.
    >
    > thanks,
    > gcSeeker


guys,
someone pleaaaaaaaaase help me getting answers in this question.
thanks,
gcSeeker
 
 


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