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-   Ability to pay issues and other 140 RFEs etc. (https://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/)
-   -   Ability to Pay: all questions and discussions (https://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/4381-ability-to-pay-all-questions-and-discussions.html)

canleo98 04-20-2007 02:08 AM

Hi sledge_hammer,
I have sent you a PM, can you take a look.

Thanks


Quote:

Originally Posted by sledge_hammer
I work for a small growing company that is reporting losses for the last 2-3 years, but I still got my PERM and I-140 approved based on the fact that the company's asset value is way more than my salary.


bk2010 05-09-2007 11:02 PM

Ability to Pay: all questions and discussions
 
Hello:

The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.

I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.

I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?

Appreciate you feedback. Thanks,

desi3933 06-22-2007 09:15 AM

Quote:

Originally Posted by bk2010
Hello:

The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.

I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.

I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?

Appreciate you feedback. Thanks,

Is your salary higher than offered wages since PD month-wise? There could be a way out.

Not a legal advice.
------------------------------------
Permanent Resident since May 2002

desi3933 06-22-2007 09:19 AM

Quote:

Originally Posted by arnab221
I had the same kind of situation . I work for a Fortune 5 company . The prevailing wage some how came to $5000 more than the salary than the company pays me ( I think I am pretty competitively paid ) . Our attorney team told me that this is nothing to worry about . The wage difference actually matters when your I-485 is filed and about to be approved . So you could actually go ahead and file the labor and get the I140 approved and wait for your wage to rise to the levels ( you will have to wait anyhow for a few years ).So if I have to wait for like 3 years for my GC my wage will surely rise to USD 5000 in 3 years . Also remember that the total wage is the sum Salary + Joining bonus + awards + yearly bonus . So you could add these things to give your total wage .

>> The prevailing wage some how came to $5000 more than the salary than the company pays me
That is really odd. Is your I-140 approved?

Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.

Not a legal advice.
------------------------------------
Permanent Resident since May 2002

RoseDenver 07-18-2007 01:00 PM

Hello,

I am new to IV and am just starting to read some of the blogs. I figured I could use some advice from you all since I'm at a point of giving up hopes. I am on H-1B visa through my employment at a university (as a Professional Research Assistant), but working at a non-profit organization (NPO) who funds a research project between the two entities. My H visa is reaching its max of 6 years in Jul 2008. The NPO would like to keep me beyond that and I've told them about the PR petition. THe problem is my position will be based on funding availability, in which they could guarantee employment until Mar 2008, and are working towards raising more funding beyond that period. Is the NPO still able to file a PR petition for me? What about the "ability to pay" which they use to hold back on pursuing the petition?

Thank you all for your inputs.

sxk 07-18-2007 06:47 PM

140 RFE and 485 filing
 
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.

My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.

please advice

tampacoolie 07-21-2007 09:07 AM

Same A2P issue
 
Quote:

Originally Posted by sxk
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.

My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.

please advice

.

I also got an I-140 REF on A2P. USCIS requested my company's 2006 Tax Return, my 2006 W2 and 3 latest pay stubs. I am still waiting for my employer's tax return, However I am going to apply I485.

gcwait2007 07-23-2007 12:16 AM

I work for a medium sized (employing about 500 employees in USA, another 2000 ouside USA), public (New York Stock Exchange) listed, business technology consulting company, which has been making losses for last 3 years. My I-140 was filed last month. Do I have to start worrying?

WeShallOvercome 07-23-2007 06:57 PM

You WILL BE fine !

Quote:

Originally Posted by sxk
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.

My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.

please advice


ps57002 07-26-2007 12:35 PM

I guess I feel more and more hopeless by each second/minute

My PERM application (5/28/07 PD) stuck at Atlanta
In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

me...really sad....

canleo98 07-27-2007 12:09 AM

My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.



Quote:

Originally Posted by ps57002
I guess I feel more and more hopeless by each second/minute

My PERM application (5/28/07 PD) stuck at Atlanta
In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

me...really sad....


americandesi 07-27-2007 02:32 PM

I-140 Ability to pay
 
My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

(1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).

(2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)

(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

Ours is a small company and doesn't have net income or net assets matching the proffered wage.

satishku_2000 07-27-2007 03:41 PM

Proferred wage
 
If the current wage is consitently higher than proferred for past 2 or 3 years, is that good enough to prove the ability to pay?

satishku_2000 07-27-2007 03:42 PM

any links to the memo
 
Quote:

Originally Posted by canleo98
My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

Hey

you have any link to the memo?

americandesi 07-27-2007 03:45 PM

Quote:

Originally Posted by satishku_2000
Hey

you have any link to the memo?


http://www.visaportal.com/downloads/...20to%20pay.pdf


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