My husband got an RFE on his 140. The RFE asked for ‘employee’s 2004 W2’ and the company’s ability to pay. We just got all documents ready, including his W2 and the company’s financial documents. Talked to his attorney. Attorney said she is using net current asset to support ability to pay, and said the company is very strong at that (they show positive net current asset every year, which is also more than enough to cover the wage difference), and he shouldn’t be too worried.
Although we were quite assured, after I read user Popsy’s long story, I am a little worried now. Popsy’s company just suffered 1 or 2 years’ loss, while my husband’s company sufferred losses for consecutive 4 years since my husband’s LC priority date. Popsy was paid above LC wage, my husband was only paid above proferred wage this year (shows in his 2004 W2). Yet Popsy’s 140 was rejected after an RFE. I really admired that he finally got it approved by AAO. But I do wish to get the RFE approved right away… It’s such a torture to wait.
The other reason that made me uneasy is, when they just filed my husband's 140 application in May 2004, they already enclosed company’s financials from 2001-2003 which shows strong net current assets. But USCIS still asked for ability to pay. Does this mean USCIS does not really look at the net current asset for their decision making? UnitedNations and other gurus, what do you think of the chance that my husband’s RFE get approved?
Also, the attorney said at this point, she does not recommend enclosing additional documents such as cash/bank statements. She said just do what the USCIS ask for. Submitting documents that are not asked for sometimes lead to unnecessary suspection and delay. Is this true? Or it’s better to prepare more than asked for?
Thank you.
Although we were quite assured, after I read user Popsy’s long story, I am a little worried now. Popsy’s company just suffered 1 or 2 years’ loss, while my husband’s company sufferred losses for consecutive 4 years since my husband’s LC priority date. Popsy was paid above LC wage, my husband was only paid above proferred wage this year (shows in his 2004 W2). Yet Popsy’s 140 was rejected after an RFE. I really admired that he finally got it approved by AAO. But I do wish to get the RFE approved right away… It’s such a torture to wait.
The other reason that made me uneasy is, when they just filed my husband's 140 application in May 2004, they already enclosed company’s financials from 2001-2003 which shows strong net current assets. But USCIS still asked for ability to pay. Does this mean USCIS does not really look at the net current asset for their decision making? UnitedNations and other gurus, what do you think of the chance that my husband’s RFE get approved?
Also, the attorney said at this point, she does not recommend enclosing additional documents such as cash/bank statements. She said just do what the USCIS ask for. Submitting documents that are not asked for sometimes lead to unnecessary suspection and delay. Is this true? Or it’s better to prepare more than asked for?
Thank you.