140 RFE ABOUT ability to pay ----- need help

[bluesky133]

Today my lawyer told me that my case is requested for more evidence for financial ability to pay. We have submitted all years of company tax returns (whole package), W2 and paystab since LC filed. The wage did not meet prevail wage at the first several years but had met prevail wage more than one years after employer arised my wage several times. The company net income can cover the defference for all the years which were under prevail wage. The company is very small but in good financial condition with net income every year. It's already proofed that the company has ability to pay and have paid prevail wage more than one year.

Does anyone know why they still need more evidence for financial ability to pay? Because of very small company? What kind MORE evidence do we can provide? After almost 5 years labor certificate pain, I am still suffering from 140 and have no idea what's evidence they are looking for. Any thoughts will be appreciated.

 

[kgp]

Can you tell how long it takes for RFE to reach Attorney office from the date when it is issued by USCIS, for My I-140 Premium Processing RFE was sent on 02/09/07 (As per online message)

kgp

Today my lawyer told me that my case is requested for more evidence for financial ability to pay. We have submitted all years of company tax returns (whole package), W2 and paystab since LC filed. The wage did not meet prevail wage at the first several years but had met prevail wage more than one years after employer arised my wage several times. The company net income can cover the defference for all the years which were under prevail wage. The company is very small but in good financial condition with net income every year. It's already proofed that the company has ability to pay and have paid prevail wage more than one year.

Does anyone know why they still need more evidence for financial ability to pay? Because of very small company? What kind MORE evidence do we can provide? After almost 5 years labor certificate pain, I am still suffering from 140 and have no idea what's evidence they are looking for. Any thoughts will be very welcome.

 

[bluesky133]

Can you tell how long it takes for RFE to reach Attorney office from the date when it is issued by USCIS, for My I-140 Premium Processing RFE was sent on 02/09/07 (As per online message)

kgp

The lawyer got RFE after they mailed one week via Premium Processing. Are you working in a big or small company?

 

[kgp]

you mean Attorney received in 1 week from the date when USCIS sent RFE OR from the date when attorney filled case, what is your RD? in premium cases do USCIS sent RFE VIA FAX or regular mail?

I work for big company Market Cap: 148B, over 300,000 employees

The lawyer got RFE after they mailed one week via Premium Processing. Are you working in a big or small company?

 

[bluesky133]

you mean Attorney received in 1 week from the date when USCIS sent RFE OR from the date when attorney filled case, what is your RD? in premium cases do USCIS sent RFE VIA FAX or regular mail?

I work for big company Market Cap: 148B, over 300,000 employees

I don't know the RFE by fax or mail becuse I just got email from my lawyer who didn't say detail. She sent #140 application to USCIS on Feb. 2.

Since you work for a big company, I think you don't need to worry. Perhaps they just want some paper work you missed with you submit #140.

 

[kgp]

Thanks bluesky133,
hope yours will work fine, I think your attorney needs to send company tax info again.

by the way my case dates are similar to yours, mine is EB2 and was sent to NSC on Feb 1, reached USCIS on Feb 2, Check chased on Feb 7th, Rfe issued on Feb 9th, I got LIN number from my bank and checked online status. please be in touch and keep updated.

Following are the issues which I am concerned from the time they submitted my application and may be reason for RFE:

1. As it is a LC Substitution case: Attorney submitted ETA 750 Part B form: page 2 has my signature (Column 16), and because there are 7 employers for me so Column 15th on one page is not enough so addition page was attached but this additional page is not same as ETA 750 Part B PAGE 2, as it does not have Column 16th on the bottom and it does not ask ALIEN signature rather there was a blank column and attorney asked my manager to sign it, it was totally strange.

2. Substitute labor requirement is for simple: Master Degree in EE, nothing else is mentioned like whether equivalent degree will be accepted or not, and I meet the Masters Degree in EE requirement by virtue of equivalent degree (Indian Degree).

I don't know the RFE by fax or mail becuse I just got email from my lawyer who didn't say detail. She sent #140 application to USCIS on Feb. 2.

Since you work for a big company, I think you don't need to worry. Perhaps they just want some paper work you missed with you submit #140.

 

[kiran_k02]

Hello bluesky133, What happened to your 1-140...did they approve it?

I am just curious....I am facing a similar situation, I have applied Labor in 2004, now when I am getting ready to apply for my I-140, My attorney is raising ability to pay issues for year 2004 & 2005 when I was not an employee still, I joined in middle of 2005. Till then company was not doing that good but now it is doing very good from 2006.

kiran