140-query Ability to Pay

G

gckimaya

Registered Users (C)
Hi

My employer has received query on 140. The RFE is asking for company ability to pay. Since company showed loss in tax returns for the year for which the labor was filed my employer is planning to send annual reports for the last 3 years with reviewed from CPA. Has anyone faced such a situation and got approved from these reviewed annual reports.

140 ND 6/18/03
RFE 6/2/04
 
Depends on your Company's financial health. You can send annual reports plus your W-2s for the related years showing that you have been paid the said wages. That is only if they have paid you per LC. W-2s although not required are a good secondary evidence which show the Company has the ability to pay even though it is running in losses.

A good lawyer can prepare a winning argument. Good luck.
 
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