I-140 RFE- W2 salary less than proffered wage!

[singhv_1980]

EB2 Category

I work for a R&D company which is in loss (as most of the RD companies). Wages on my W2s are about 15K under the proffered wage mentioned in the labor certificate. USCIS wants me to send all my pay stubs for past 1 yr along with the financial docs of the company (which I already sent!).

How should I pursue for this? I mean basically, they are asking my company to prove ability to pay the difference. Right?

I look for some suggestions here...ppl off the same boat..share your experiences...thanks !!

[kondur_007]

Originally Posted by singhv_1980

EB2 Category

I work for a R&D company which is in loss (as most of the RD companies). Wages on my W2s are about 15K under the proffered wage mentioned in the labor certificate. USCIS wants me to send all my pay stubs for past 1 yr along with the financial docs of the company (which I already sent!).

How should I pursue for this? I mean basically, they are asking my company to prove ability to pay the difference. Right?

I look for some suggestions here...ppl off the same boat..share your experiences...thanks !!

This is potentially a serios problem. If the company is really in financial trouble and that is what is clear from the documents you sent, your I 140 may be denied.

They actually are not asking the company to pay the difference; but they are trying to see if your company is in financial situation to pay you the LC wage when your GC is approved.

This is different from H1 visa, where it is company's responsibility to pay you the wage mentioned on LCA. On the other hand, for I 140, employer is not required to pay the LC wage now, but they still need to show that "THEY CAN PAY YOU THE LC WAGE WHEN GC IS APPROVED". An indirect proof would be, if they are paying you the same amount currently. If not, they need to show enough balances that proves that they can pay you the LC wage upon approval of your GC.

I would advise you to talk to a competent attorney and may be seriously consider alternatives (like another PERM with more stable company).

Good Luck.

[meridiani.planum]

Originally Posted by kondur_007

This is potentially a serios problem. If the company is really in financial trouble and that is what is clear from the documents you sent, your I 140 may be denied.

They actually are not asking the company to pay the difference; but they are trying to see if your company is in financial situation to pay you the LC wage when your GC is approved.

This is different from H1 visa, where it is company's responsibility to pay you the wage mentioned on LCA. On the other hand, for I 140, employer is not required to pay the LC wage now, but they still need to show that "THEY CAN PAY YOU THE LC WAGE WHEN GC IS APPROVED". An indirect proof would be, if they are paying you the same amount currently. If not, they need to show enough balances that proves that they can pay you the LC wage upon approval of your GC.

I would advise you to talk to a competent attorney and may be seriously consider alternatives (like another PERM with more stable company).

Good Luck.

just seconding whatever is said here. ability-to-pay verification is one of the most common causes of I-140 denial. this is serious, get a good attorney.

[jayleno]

I think its a common thing with R&D companies. If you havent seen this already...here is a link which may help. I guess what you need is a competent attorney. Dont lose hope.

http://www..com/discussion-f...140/205019103/

Originally Posted by singhv_1980

EB2 Category

I work for a R&D company which is in loss (as most of the RD companies). Wages on my W2s are about 15K under the proffered wage mentioned in the labor certificate. USCIS wants me to send all my pay stubs for past 1 yr along with the financial docs of the company (which I already sent!).

How should I pursue for this? I mean basically, they are asking my company to prove ability to pay the difference. Right?

I look for some suggestions here...ppl off the same boat..share your experiences...thanks !!

[singhv_1980]

Thanks guys for your replies.

I talked with my lawyer and she is planning to send these things

1. Income Tax Return (tho it show loss)

2. Bank Statements since we filed LC

3. Audited Financial

4. My pay stubs since LC

She further told me the assets in the form of cash are enough to cover the difference in the wages.

What you guys think of this? These docs are sufficient or she is missing something?