Ability to pay question

[anotherapp]

Hi, I have my I-140 approved and I-485 pending for more than 180 days, and I am considering leaving my current company with thousands of employees to join a startup less than a year old. The job category/function is similar, but one thing that concerns me is potentially getting a RFE about ability to pay. From Murthy.com I got the following info -

"Ability to pay is measured at the time the job is initially offered, that is when the labor certification is filed, and ability to pay must continue throughout the course of the case until the I-485 is approved."

My labor is filed three years before the new company I want to join got started, does anyone know more details about how to provide evidence for ability to pay in this case? Perhaps quarterly revenues will be looked at? Will one unprofitable quarter be detrimental to the 485 application?

How frequently are RFE's issued for I-485 applications? Does anyone know if leaving a larger company for a smaller one increases the likelyhood of receiving a RFE? Any other inputs on likely i-485 issues to watch out for (in the case of leaving large company for small company) are greatly appreciated also!

 

[tammy2]

Hi, I have my I-140 approved and I-485 pending for more than 180 days, and I am considering leaving my current company with thousands of employees to join a startup less than a year old. The job category/function is similar, but one thing that concerns me is potentially getting a RFE about ability to pay. From Murthy.com I got the following info -

"Ability to pay is measured at the time the job is initially offered, that is when the labor certification is filed, and ability to pay must continue throughout the course of the case until the I-485 is approved."

My labor is filed three years before the new company I want to join got started, does anyone know more details about how to provide evidence for ability to pay in this case? Perhaps quarterly revenues will be looked at? Will one unprofitable quarter be detrimental to the 485 application?

How frequently are RFE's issued for I-485 applications? Does anyone know if leaving a larger company for a smaller one increases the likelyhood of receiving a RFE? Any other inputs on likely i-485 issues to watch out for (in the case of leaving large company for small company) are greatly appreciated also!

The ability to pay is very rarely checked after the approval of I-140. Even If they check your monthly pay stub is the proof of his ability.

Per recent memos from the AC-21 employer is not considered as the sponsoring employer. On the same bases some people going on Contracting from Permanent jobs while the I-485 pending. So there should not be any problem.