1-140 RFE "Ability To Pay" NEED HELP/ADVICE

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nrp_nrp

Registered Users (C)
Hi! Just received an RFE to provide evidence of companies ability to pay. My company is a mid size company and unfortunately does not meet the criteria of profits or net current assets visa vi the proffered wage as is required. But the company is well established with 95-105 employees and in business for over 20 years and has a strong fixed assets base. The company files its tax returns based on cash basis. Whereas if the financials are drawn out on an accrual basis than it would meet the proffered wage requirement under the Net current asset criteria for my I-140. Again the RFE requires that audited financials be provided which my company may or may not provide since it would be tedious & cumbersome to draw out the financials afresh on accurual basis. Indeed my company's attorney will make its presentation in response to the RFE. Here's my Questions;
1. Has anyone ever got approved if the ability to pay criteria does not meet the stipulated norms yet if the other elements of the company are strong.
2. Any advice from someone having gone through a similar experience is most welcome.
Thanks!!!
 
Have you submitted your W2s with the I-140 application for the years you have worked at your company?
What does your Attorney think about this?, what is his/her suggestion?

Kiran
 
Have you been paid at least the wage specified in your labor certification from the date your labor was filed? If so, I think, you should have not have a problem. Read through Nebraska I-140 threads and you would lot of information - especially follow suggestion by "UnitedNations". Also, there is a document that specifies about I-140 approval criteria and I am not able to find it on my computer. If you search, you can find it on one of the threads.

My company with size of less than 70 employees had HUGE (~ -6Mill) negative revenue when my I140 was filed. I was worried, but my attorney told, since I have been paid more than the wage specified in labor all along, this alone proves the 'ability to pay' - my I-140 was approved;

nrp_nrp said:
Hi! Just received an RFE to provide evidence of companies ability to pay. My company is a mid size company and unfortunately does not meet the criteria of profits or net current assets visa vi the proffered wage as is required. But the company is well established with 95-105 employees and in business for over 20 years and has a strong fixed assets base. The company files its tax returns based on cash basis. Whereas if the financials are drawn out on an accrual basis than it would meet the proffered wage requirement under the Net current asset criteria for my I-140. Again the RFE requires that audited financials be provided which my company may or may not provide since it would be tedious & cumbersome to draw out the financials afresh on accurual basis. Indeed my company's attorney will make its presentation in response to the RFE. Here's my Questions;
1. Has anyone ever got approved if the ability to pay criteria does not meet the stipulated norms yet if the other elements of the company are strong.
2. Any advice from someone having gone through a similar experience is most welcome.
Thanks!!!
Click to expand...
 
W2 Was filed.....but am part time....labor obviuosly is for full time....so therefore the proffered wage does not equate to the W-2 but is far less......


Anyways ...
The last 2/3 weeks I've been doing a lot of research...on this ability to pay issue....I found a very interesting article which you may find helpful......Check this article out....it is titled ....."Strengthening I-140 Financial Ability Evidence" on Immigration daily website .....the article can be found at

http://www.ilw.com/articles/2005,0118-guevara.shtm

This is a good article which gives you the basic concepts of the "Yates Memo" and which the adjudicators have been using as a guide for decisions in case of ability to pay issues...unfortunately its been used with a very very narrow outlook in many cases...use it as a basis to form your response....and do not move forward without a good attorneys advice....the response and how you represent your case is critical....besides the federal tax returns and balance sheets you have been asked to submit as evidence....submit your company's monthly bank statements from the time your Labor was filed....testimonials of your company's status in your industry... in your market...awards and so forth as evidence may be included....photographs of the facility can be also included.....

my attorney told me that there are about 1500 cases pending in Appeals on this ability to pay issue....and that did not sound encouraging to me....also I was suggested that if there is a denial to this RFE we may file a fresh I-140 hoping that it ends up with an adjudicator who may notlook at it narrowly...its taking a chance...simultaneously one can go to appeals as well....

It is frustrating and causes a lot of anxiety....anyone who has had similar experience may please shed light on how best to strengthen the evidence....
 
I am in similar situation. PD is 10/2003 in EB2.. 140/485 got denied from NSC on June 13th 2006 based on failure to establish ability to pay. Had received and RFE because the company doesn't have net income or net assets to show proferred wage. Also, I am working for different employer so can't show W2's. We had sent bank statements showing avg mnthly bal is more than proferred wage but they didn't accept as enough eveidence.

Planning to file for appeal so that I can exyend my H1. I have heard United Nations has helped a lot of people in similar situations....please UN or other members who have worked out this situation please help!!!!!
 
I-140 - "Ability to Pay" RFE - Approved in one day after response to the RFE

Response to I-140 RFE was received by Nebraska on July 24th and was approved the next day on July 25th. I had used the article titled
" Strengthening I-140 Ability to Pay" which had appeared in the Immigration daily as a reference to prepare the documents besides my attorneys covering letter;
Here's what we submitted;
1. Cover letter from CFO confirming employee headcount of over 100 employees and salaries & wage bill during the years from the year labor was filed to current year.
2. Letter from CEO/President giving company background, sales, financials, current & future plans etc. demonstarting ability to pay.
3. Letter from CPA (with Audited Financials & confirming ability to pay)
4. Cover Letter from the payroll company along with summary statements for all quarters and all years of the 940/941, State Taxes and the yearly employee rooster
5. Bank Statements for all years (monthly)
6. Photographs of the company's facilities
7. Testimonials, certificates, awards received by the company
8. Press coverage on the company
9. Attorneys cover letter siting some case juddgements
10.W-2's for all years in question
Hope it helps someone in a similar situation as I was..........Good Luck!!!!!!
 
how did this go? my attorney is also worried about this?

i dont have payslip because they are filing my green card (eb2) ahead of my h visa.
and also the way she talks my company will not meet net asset and net income either.
 
Guys,
Pls chime in abt approval chances:
Labor substitution case>>Future company has abt 10 employees>>Not yet joined>>Waiting for 140/ead before joining.
 
edwin_dummy said:
how did this go? my attorney is also worried about this?

i dont have payslip because they are filing my green card (eb2) ahead of my h visa.
and also the way she talks my company will not meet net asset and net income either.
Click to expand...

As stated the I-140 was approved after the RFE was responded with the documents & letters etc listed in the thread. Your case seems a little different. Unfortunately the ability to pay issue is looked at from a very narrow perspective of Salary & Wages/W-2 equal to or greater or Net Income or Net Current asset. A feasible option in your case might be to apply transfer of your H1 and thereafter ensure your company pays you salary/wages that are on your labor ....suggest take an opinion from another attorney...
 
nrp_nrp said:
Response to I-140 RFE was received by Nebraska on July 24th and was approved the next day on July 25th. I had used the article titled
" Strengthening I-140 Ability to Pay" which had appeared in the Immigration daily as a reference to prepare the documents besides my attorneys covering letter;
Here's what we submitted;
1. Cover letter from CFO confirming employee headcount of over 100 employees and salaries & wage bill during the years from the year labor was filed to current year.
2. Letter from CEO/President giving company background, sales, financials, current & future plans etc. demonstarting ability to pay.
3. Letter from CPA (with Audited Financials & confirming ability to pay)
4. Cover Letter from the payroll company along with summary statements for all quarters and all years of the 940/941, State Taxes and the yearly employee rooster
5. Bank Statements for all years (monthly)
6. Photographs of the company's facilities
7. Testimonials, certificates, awards received by the company
8. Press coverage on the company
9. Attorneys cover letter siting some case juddgements
10.W-2's for all years in question
Hope it helps someone in a similar situation as I was..........Good Luck!!!!!!
Click to expand...

Hi Can you tell me if you wages were lower that prevailing wage ?
 
No ............my prevailing wasn't low............it was as required per H1.......but the job positions on labor and on H1 are different.......and therefore W2 under H1 is lower than whats on the labor...hence the difference that needed to be proved under ability to pay.......hope this helps!!!!!
 
nrp_nrp said:
Response to I-140 RFE was received by Nebraska on July 24th and was approved the next day on July 25th. I had used the article titled
" Strengthening I-140 Ability to Pay" which had appeared in the Immigration daily as a reference to prepare the documents besides my attorneys covering letter;
Here's what we submitted;
1. Cover letter from CFO confirming employee headcount of over 100 employees and salaries & wage bill during the years from the year labor was filed to current year.
2. Letter from CEO/President giving company background, sales, financials, current & future plans etc. demonstarting ability to pay.
3. Letter from CPA (with Audited Financials & confirming ability to pay)
4. Cover Letter from the payroll company along with summary statements for all quarters and all years of the 940/941, State Taxes and the yearly employee rooster
5. Bank Statements for all years (monthly)
6. Photographs of the company's facilities
7. Testimonials, certificates, awards received by the company
8. Press coverage on the company
9. Attorneys cover letter siting some case juddgements
10.W-2's for all years in question
Hope it helps someone in a similar situation as I was..........Good Luck!!!!!!
Click to expand...

Also, Forms 940 and 1120!!
 
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