gc_for_desi
04-14-2008, 03:02 PM
I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks