Ability to pay---Very URGENT

G

gulrez_gaur

New Member
Hi..Can anyone pls help me in this.1
My labor is cleared couple of months ago.
Now my attorney says that he needs current year tax return copy of my company to prove that my company is able to pay me wages.And my company says that they will file current year tax return of company in July.This is delaying my filing of i-140 and 485.I don't understand this logic.When i asked my attorney if they can use previous year's tax return of company,he denied and sent me this reason "Need the proof for Ability to pay is from the Priority date of the Labor Cert filing up to present (present being 2003)".Can you pls advise me if its really true or any other letter from company can work.I will really appreciate yr help.
Do i really need current year's tax return of my company...???Pls HELP GUYS.
 
Hi,

I am in a big non-profit organization. Does my employer need to submit any financial statements to show the ability to pay? Someone told me that a non-profit is not required to release any financialy info by law. Is this true.

Thanks,
JS
 
Hi,
You can always file I140 without tax return and once you get the tax return later you can attach to your case.
When i filled i didnt had tax return for 2003 and later i sent. you can attach any supporting doc once you get your receipt number.

I hope this will help.

Thanks
Kumar
 
prsbt said:
Hi,
You can always file I140 without tax return and once you get the tax return later you can attach to your case.
When i filled i didnt had tax return for 2003 and later i sent. you can attach any supporting doc once you get your receipt number.

I hope this will help.

Thanks
Kumar
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My I140 has been denied on basis of company ability to pay. Now my lawyer is asking for $2000/- to make an appeal, is this regular..???

Can I change lawyer or just for appealgo to someone else..My lawyer never took my case seriously. Even when we got an RFE he just asked for my company financilas and snet those out. My company is paying me well but is doing loses.

Can someone advice. Can my company just file an appeal on thier own and will it be advisable ..???
 
PremChopra said:
Change the attorney, this one only seems to be after money.
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Any idea how much ususally lawyers charge for such appeals...also how long it take for the appeal to be resolved
 
I don't have any idea but I would guess around $500-$700 should be more than enough and again I think it's 3 months time frame for appeals to be answered. Send me a PM about who your attorney is right now and then I would try talking to mine and ask him how much he would charge.
 
ability to pay

Hi Guys..Thanks for participating in this thread,but i am still looking for the answer..Let me make it more clear..Priority date of my labor was July'2003.I got my labor approved in Mar'2004.Now my attorney says that he needs the tax return document of my company for current year(Means proof of salary from priority date till the date of filing of my I-140).He says without providing this at the time of filing my i-140,it will be denied.Now my company says that they fill file for tax return in July'2004.This is delaying my filing of I-140.All i want to know is ,that is it really necessary to provide tax return document of company at the time of filing.Is is it a nre rule.
Pls let me know if anyone is facing same situation.

Thanks
Gaur
 
Ability to pay

Thanks for your response..My labor was filed in UTAH,according to my attorney and employer..I never got any receipt number from my company or attorney for labor,but when i asked my attorney to send me the proof,he sent me one letter from DOL,stating that labor is approved..But now as you asked this question ,i have become more suspecious if that was just a fraud letter to satisfy me..
 
ability to pay question for I-140

I am putting this question on the basis of the link provided by "UNITEDNATIONS" user. I went through the document and I am trying to find out where I stand. I filed my I-140/I485 in march 2004. My company has about 60 Employees and its doing great. but its a private owned company. So my company has not given any financial document (annual report, tax return or audited financial statement) I would say they are not willing to give it out. also I am getting less salary than the proffered wage mentioned in my labor and I -140 application. the only positive thing is that, the company has included a letter with the I-140 application that states that my company will give me the Proffered wage after my GC will be processed. MY QUESTIONS TO ALL YOU GURUS IS THAT " WILL I GET RFE OR MY CASE WILL BE DENIED BECAUSE AFTER READING THE PDF MEMORANDUM BY UNITEDNANTIONS I AM SURE I WILL GET ONE OF THEM.

THANKS;
VK
 
Thanks

Thanks, Unitednations. You are great help. Well ours is not a company hired lawer (not on company's payroll) but he does all the H1-bs and other stuff. I had a talk yesteday with my lawer and he assured me that he has done cases in the past without giving the financial information to USCIS. So I cross my fingers and wait and watch at this point of time.Also he told me these are the memorandam USCIS experimenting but they are getting lots of opposition within themselves if they should go one way or other way.
Thanks again.
VK
 
wait until that date , get teh tax documents and then . it is worth waiting now than suufer the aggravation of an rfe and and a denial later
 
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