I-485 Rfe

K

kumarsudhir71

New Member
Hi,
I have an EAD and changed my employer.Now I got an RFE in which I am asked to furnish two things.
1.Letter of Employment : Which is not a problem

2. Ability to pay: It says " The petitioner must demonstrate the ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residency.Evidence of theis ability shall be either in the form of copies of annual reports, federal tax returns or audited statements.In a case whete the perspective US employer employs 100 or more employee , the director may accept a statement from financial officer of the organisation which establishes the prospective employer's ability to pay the proffered wage.In appropriate case addition evidence ,such as profit -loss statements,bank account records, or the personnel records, may be submitted by the petitioner or requested by the Service. "

Now the problem is that my employer is basically from Canada, new in US (just opened the company in march1 2004), and bought the product in which I was working. The company is very small ,employs 14 people and has 20+ customer(inherited it) and gets around 1 million in maintainanace fee as a revenue. They do not have any US tax return, does not employs any accounting firm to oversee the financials.And as it is a private company the employer is not ready to share any financial information.Like their bank account statements...

Would appreciate if anybody could share anything here.
In worse case can INS deny my I-485 application on this basis?


Thanks
SK
 
Nothing to worry

Hi SK,

you have nothing to worry.

Ability to Pay: If you can show the documents that you are being offered proffered wage and inform them that you have changed your employer using AC21 and provide them with Canadian Tax documents, you should get approved.

You should talk to an attorney, they will fix it for you.

Also, I-485 doesnot require to show "ability to pay" demonstration except that the new job is not sham. "ability to pay" is already proved in your I-140 application.

Hope this helps!

kumarsudhir71 said:
Hi,
I have an EAD and changed my employer.Now I got an RFE in which I am asked to furnish two things.
1.Letter of Employment : Which is not a problem

2. Ability to pay: It says " The petitioner must demonstrate the ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residency.Evidence of theis ability shall be either in the form of copies of annual reports, federal tax returns or audited statements.In a case whete the perspective US employer employs 100 or more employee , the director may accept a statement from financial officer of the organisation which establishes the prospective employer's ability to pay the proffered wage.In appropriate case addition evidence ,such as profit -loss statements,bank account records, or the personnel records, may be submitted by the petitioner or requested by the Service. "

Now the problem is that my employer is basically from Canada, new in US (just opened the company in march1 2004), and bought the product in which I was working. The company is very small ,employs 14 people and has 20+ customer(inherited it) and gets around 1 million in maintainanace fee as a revenue. They do not have any US tax return, does not employs any accounting firm to oversee the financials.And as it is a private company the employer is not ready to share any financial information.Like their bank account statements...

Would appreciate if anybody could share anything here.
In worse case can INS deny my I-485 application on this basis?


Thanks
SK
Click to expand...
 
Mr. kumarsudhir71 - Please Reply

Dear Mr. kumarsudhir71:

Can you please let me know what transpired - how did u reply to the RFE and what decision did USCIS give? If yu prefer you can send me an email at amitb4@hotmail.com

Thank you.
 
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