140 RFE - pay cut - how to handle

P

pilla75

Registered Users (C)
Hi All!
I received an RFE on my I140. INS wants proof on 'ABILITY TO PAY' and wanted all the tax returns/financial documents since my labor was filed(Apr 2001). They also asked my w2's for 2001 and 2002. The problem is when my labor was filed my pay was $95000
so 2001 w2 shows $99800 ($95000 + bonus). I took a pay cut in 2002 to $75000 due to the market conditions so 2002 w2 shows only $75000.
My question is will it be a problem if I am not being paid the same salary as mentioned on my labor cerification. Did anybody face the same situation and how do I handle this.

Thanks
Pilla
 
As long as the salary is above your labor category

The salary should be above the labor category and things should be fine. Labor process exists to protect US citizens from loosing jobs to foreign nationals who will be ready to work at really low wages. So as long as your wages are not below the pre-determined levels for your labor category things "should" go fine. Assuming INS doesnt use this as a sign of financial distress of the company and deny your case.

good luck. Keep us up to date please.
 
Thanks for your reply laborpain .
My company financials are pretty good for the last 3-4 years they never showed loss. 120 employees and around $20mil turnover.
Will keep you updated.
Thanks again
 
Hi Pillai,
As you know, Greencard is for the future job and if your company says, after getting the greencard, your salary will be again 95K, then it will be O.K.

According to the "BCIS law", if a company has more than 100 employees then no need to ask for the Proof for Ability to pay. A letter from the Chief Financial Officer will be enough. People from companies which has less people/Turnover are getting approval. People with more people and millions turnover are getting RFEs. Nice Job, BCIS!!!!!!

From my Experience with I-140 Processing in World's Fastest Service Center TSC for almost 2 years, I can say with enough Proof that there is no rules, regulations,laws in BCIS. Only thing which matter is whether your file goes to "SADIST/RACIST/Highly Knowledgable" Officer or not. As long as these people are "WORKING" and Wasting tax payer's money, no One year/2 Years/5 years Speeeeeeeeeeeeeeeeeeeeeeed up plan is going to work.


Nanshi.
 
You are absolutley right naanshi. Way to BCIS, ex-ins, future nonsensical service, has absolute authority to destroy peoples lifes.
People are dying left and right ( see tailer incident in texas), i wonder if BCIS even reads/cares about such incidents.
A bunch of nonsense.
 
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