140 Ability to Pay issue

Raider80

New Member
Hi All,

I joined company "A " in 2000 . At that time there is one more employee later he got his GC and left the company in 2001. I am the only employee since 2001 . My LC was filed in April 2002. I left this company in September 2002 and later joined this company in july 2004. In the mean time my labor was approved in August 2004.As i am the only consultant the company did not issue any W2 forms in 2003 as there are no employees . It has done business by doing a subcontract and it
filed its tax returns.

when we sent the documents to file my 140 attorney says as no W2s were
issued by the company in 2003 it is difficult to get the I 140 approval. The company was paying the salary as stated in my LC when i worked with the company.I want to know whether any one faced the same problem.Will there be any problem for my 140 approval.

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EB3. Texas
PD : Apr 2002
 
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