Immigration Voice

Immigration Voice (
-   Ability to pay issues and other 140 RFEs etc. (
-   -   Ability to Pay: all questions and discussions (

gneerajg 10-24-2007 04:37 PM

Thanks for the reply and it is not an subsitute it is an original case .so your suggesting that my PD should be May 2007 instead of April 2001. But the problem is that attorney filed the labor certification in 2001 without obtaining the PW and now the PW has come up 71656/- so there is a huge gap what I was getting in 2001 and then we requested PW for the last years from 2001 onwards and now they are telling that they can not do it also if we download the PW from the archives it is still much more than the PW send by DOL. so is there any way to get the PW for those years in back. I hired a new and very capable attorney but what he is suggesting that if we could the PW for 2001 what we applied in application then it is a piece of cake. My occupational code is 15-1031 and it I filed from California, LA county. I will really appreciate for your guidance and suggestion


40k+ in 2006
35k+ in 2005
33k+ in 2004

EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007

mgmanoj 11-01-2007 03:03 PM

I-290B decision
I have done appeal for my I-140 denied in AAO = Anybody has expereience how long does it take ? I have appealed in DEc'2006. Anybody has won the appeal ? Please share your experience.



dleekha 11-03-2007 09:34 PM

i got rfe for 140 asking for proof for ability to they have asked for is a tax return which i have got from the empliyer.the other is an audited financial statement for 2007..i understand that u need a cpa for it.anyone knows if just plain financial docs will do or do they have ot be audited.has anyone got it done?any idea about the costs?

gcgrail 12-01-2007 08:38 PM

Contact info for United nations

Originally Posted by toprasad (Post 53222)
I had posted the same thing for your question on immigration portal too.
My personal experience, united nations in immigration portal is your best choice.
He deals with such cases on a regular basis and has helped me too.

If you want to talk about my experience, please send me a private email.

Hi toprasad,

Would appreciate it if you could give the contact info for United Nations as I need this help with ability to pay immediately...Thanks in advance !!!

Buran 02-08-2008 12:37 PM


When you post about ability to pay RFE please specify your company size and how old your company is.

My employer has 2000 employees and was established very long time ago, right now they have financial difficulties and are loosing money. They pay much more then a prevailing wage. Although they are loosing money now, they\'ve been around for almost 100 years. Is the ability to pay will be an issue with USCIS?

I think maybe I should invoke AC21, to avoid ability to pay RFE?

starpana 02-28-2008 05:18 PM

Filed to TSC in January 2008 and I just got the RFE from TSC for my EB1-OR

It says:
"On the I-140 submitted, you failed to complete th form as requested. On
Part 5. Additional information about the petitioner. You did not complete #2
. in reference to the Gross Annual Income or Net Annual Income. For
companies of 100 or less employees, the petitioner must submit the last two
recent quarterly reports which lists employees; wages and social security
numbers as evidence to ability to pay proffered wages.

submit evidence that the petitioner has the ability ot pay the applicant.
Such evidence must include annual reports, U.S. federal tax returns, or
audited financial statements. You may also include additional evidence, such
as profit/loss statements, bank account records, personnel records."

I worked in a small start-up company with 20+ employees. The company has
been in high-tech business for over 8 years with sufficient funds. On the I-
140 form part 5, #2 I put "0.00" for both Gross Annual Income and net Annual
Income according to the information I got from my employer.

The lawyer I hired filed my I-140 (I got signature from my employer) WITHOUT
my W-2 form or my last year pay-stubs. In stead, he attached my W-2 form
and three month pay-stubs with my I-485 application.

Now my employer refuses to give me those financial statements listed in the
RFE letter, what should I do?????

Please help!!!!

Thank you.

here4gc 03-04-2008 01:18 PM

Can IV help people like us ?

I am in a similar situation...employer sure a few have horrible stories to say...and I have been enduring this for a while...

gc_for_desi 04-14-2008 04:00 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

sadshaq12 10-24-2008 02:35 AM

Need only one year tax return"

I got RFE today asking company's 2001 return
basically ability to payproffered wage that year
wage were $53000 per year.
Join the company actually in 2002

There was a company change change with same dba xyz ... in year 2001,(means employer close the company and open another one with different name at same location)
Same Owner and same business location so company file two taxes for company 1 and company 2

Company 1 2001 tax return shows net income of $25,500
Company 2 2001 tax returnshows net income of $28,300

company bank account also shows over 100k in 2001

I call my attorney already and did not hear back from him yet on this issue

Can my attorney submit both tax return and claim one is the succsseror company(means employer took all acids, inventory and liability of old company of all the company) and presented to RFE office and
is it very complecated case or simple case ?
please help.
I need your folks input

whitetiger0811 01-08-2009 05:43 PM

I140 Denied - Ability to pay

My I140 was denied on Ability to company 2006 profit is in negative...but company is saying that the have a lot in Accounts Receivable which was not considered by USCIS....

any cases similar to this???

input will be greatly appreciated.

All times are GMT -4. The time now is 02:49 PM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.