I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.
In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.
1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.
2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.
3 - An audited financial statement of 2007
4- My recent pay stubs
5 - My W2 from 2003-2006
6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.
This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.
I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.