140 RFE--Please help

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charliesangel

Registered Users (C)
I have received an RFE for I-140. It says the following..Apart from the usual W2's and Federal tax returns for the company it wants
a) documentation that identifies the ownership of the petitioning firm--not sure what this means
b) all employees by SSN
c)Company has filed 140 for 9 other people and they want proof that the company can pay all 9.

I work for a small company which is an IT consulting firm with about 15 people..will my petition get denied if any of the IT consultants are not getting paid. How strongly is my case to other cases filed by this company... The last years profit of the company was just about 40,000 after paying all salaries..will that be an issue. I have been on projects ever since I joined this company so have all my pay stubs. Will that be enough

if I got less salary in one year prior to filing the labor certification with some other company will that be a problem
 

Not to dishearten you but this kind of query is generally raised by USCIS if they had received any complaint about the operational practices of a company. If the complaint is proved USCIS can reject all applications and can monitor all future applications from your company. On the other hand if your company maintains and has good book keeping practise they can contest the USCIS decision with relevant financial documents.

This is the reason most lawyers ask smaller companies NOT to file bulk applications simultaneously. If all the application reaches the same adjudicator he may get suspicious and is bound to issue an RFE.

[a] For this you need to sent the ownership details. Your company should have been registered as a business and would have the ownership detaisl of it. If ownership has changed sent those information too.

This is what makes one think that USCIS is suspicious about the salary practises of your company. If the SSN is given USCIS can verify each employee's salary from IRS. Just give the list and cross your fingers.

[c] Financial statement and previous 3 years tax retun of the company.


This is not about you. The RFE is about company financials. You have nothing to do with this. Even if you had been on a project on a continuous basis, the USCIS is questioning your companies practises. So check with your company and see whether they had been paying the salary they had specified in H1Bs.

Wish you luck!

dyno

Originally posted by charliesangel
I have received an RFE for I-140. It says the following..Apart from the usual W2's and Federal tax returns for the company it wants
a) documentation that identifies the ownership of the petitioning firm--not sure what this means
b) all employees by SSN
c)Company has filed 140 for 9 other people and they want proof that the company can pay all 9.

I work for a small company which is an IT consulting firm with about 15 people..will my petition get denied if any of the IT consultants are not getting paid. How strongly is my case to other cases filed by this company... The last years profit of the company was just about 40,000 after paying all salaries..will that be an issue. I have been on projects ever since I joined this company so have all my pay stubs. Will that be enough

if I got less salary in one year prior to filing the labor certification with some other company will that be a problem
Click to expand...
 
Thanks a lot for your detailed reply..They have also asked me to show 5 years of progressive work experience. Do i need to show 5 years of work experience at the time the labor cert was filed or i can show it till today..
 
Originally posted by charliesangel
Thanks a lot for your detailed reply..They have also asked me to show 5 years of progressive work experience. Do i need to show 5 years of work experience at the time the labor cert was filed or i can show it till today..
Click to expand...


If your labor certification says 5 years of experience is required then you must have 5 years of experience at the time of applying for labor.

So lets say your labor was filed in 2003, you shouls have 5 years experience till 2003 + 1 year experience in 2004. So you should submit the whole list.

I guess you had applied in EB2 category, if thats the case your application is bound to thorough scrutiny. If EB3 since the requirement is less the adjudicator could relax the rules.

hth
dyno

 
Dynobuoy, Can i show up 4 years of work experience plus 2 years of part time work experience..Do the count the experience in months..or is it ok to have few months less.
 
Originally posted by charliesangel
Dynobuoy, Can i show up 4 years of work experience plus 2 years of part time work experience..Do the count the experience in months..or is it ok to have few months less.
Click to expand...

Yes you can. But again as i said earlier if your category is EB2 a thorugh scrutiny is almost guaranteed. But if that is what you have just sent it.

Also the decision is based on the adjudicators mood and understanding. So just sent everything you have and don't forget to attach a convincing cover letter when replying to the RFE.

A good convincing cover letter had many a times done the job. Your lawyer or any amateur paralegal would draft you a good cover letter. My suggestion is to ask your your lawyer to write a good letter in your company stationary expalining your side.

hth
dyno
 
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