140 Please Help

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chintamani1

Registered Users (C)
I had filed my labor(RIR)in Nov 2002 which got approved last month. I need to concurrently file my 140/485/EAD/AP. Problem is my company has shown losses for the year 2002. Will it effect my 140 approval as that is the only year that the company has losses in its entire 8 years history.
Any suggestions would be highly appreciated.
 
chintamani1

You should speak to your attorney about this, the USCIS is routinely denying cases where the petitioner has shown losses, there are ways around it but you need to speak with your legal counsel. The one way I know is even if your company showed losses for a particular year, IF their "NET CURRENT ASSETS" were higher than the proffered wage, then the application should be approved. Take a look at the PDF attachment to this message. I hope it helps.

MNP
 
Company shows the loss does not automatically lead to case deny. The important is that company has to approve it has ability to pay wages. Loss and ability to pay are not the same concept. For example, a start up company may make loss but still able to pay its employees.
 
MNP,

i just looked up the status of the case#.

The case was approved on Sep 11, 2003.
So this person's appeal was actually accepted & approved pretty quickly.
 
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