unitednations said:
I think you will be o.k. if the net income of your company is more than $10,000 each year or the companies current net assets (current assets-current liabilities) is more than $10,000.
The above conditions would have to exist from your priority date until you get approval for your green card. The reason I'm saying $10,000 is that is the difference between what you were getting paid and the proferred wage.
I'm attaching a link to a memo that was just issued by the uscis.
http://www.garmo.com/pdf/abletopay.pdf
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Hi UnitedNations,
Can you please help me on this :
How long does it take to get a response on an Appeal from Washington DC after the evidence has been sent.
My I140 was denied based on the company ability to pay, but my employer has been paying more than the wages given on the Labor. My company when started of had 10 employees but now I am the only meployee and it has been doing loses for last 2 years.
My lawyer did not send in my Tax returns when we got a RFE, so the denial letter states that though my employer has W2 which claimes to have paid me more, it is questionable.
Base don this, my employer has appealed with evidence that over a period, all our employees left for better opportunities and have not been on government assistance. Also now we have only 1 employee and that is me. He has also submitted my tax returns for last 3 years that clearly show the salary that I have beeb paid.
When my labor was filed, the wages quoted on it was was an amount X, but that is not my base salary. My base salary actually is less by almost 17,000, but with the incentives and overtime that I get, my salary is X+6000. My employer explained this in the appeal evidence, do you think this will be na issue...?????
I am in a very critical situation, a so now, my H1B has expired a year back and I was on EAD for a year. Now the EAD has also expired and was sent for renewal, whihc never came and instead I received I140 denial.
Will my appeal come thru and if it does or does not whatever the decesion maybe, when will i come to know, how long does it take???
How long after the denial am I allowed to stay in USA without getting subject to the BAR. Would I be better off looking for a substitute labor with another company instead of relying on the Appeal..???
Your inputs would be really valuable for me.
Thanks,