Dear Experts,
My case is
EB3
RIR
PD- April'03
LC approved- Sept'06
I140 goes to NSC.
Please help me since I have two issues while filing the I-140
1) Ability to pay.
My LC PD is April of 2003. On Oct of '04 state asked to amend the prevailing wage since it was 5.5k/yr lower than my salary stated on the LC, so we amended wage in LC and sent back file to State and was approved. Due to the health reason I was in Disability in all year of '04 till april of '05. I joined back company in may of '05 and getting paid prevailing wage since then. During my disability period i was paid by the Disabilty insurance provided by the employer. Now does this will create a RFE or denial while filing for I140? I heard that as long as company's current asset is greater than my offered salay they can approve it? Please suggest what I should submit while filing I140?
2) Experience:
Whie filing LC, somehow my lawyer put a requirement of 1 yr of experience. I worked in this company from 1999 and LC was applied in 2003. I have US bachelors degree in CS. I stated that i have 3 month of internship before joining the company. My co-worked who had same situation about experience had his I140 approved from TSC. would there be a question about my experience? If yes what docs should I prepare to defend this issue? Lawyer said I might need to prepare a expert opinion letter, does anyone know what does that mean?
Your help ans suggestion is highly appreciated.
Thanks
My case is
EB3
RIR
PD- April'03
LC approved- Sept'06
I140 goes to NSC.
Please help me since I have two issues while filing the I-140
1) Ability to pay.
My LC PD is April of 2003. On Oct of '04 state asked to amend the prevailing wage since it was 5.5k/yr lower than my salary stated on the LC, so we amended wage in LC and sent back file to State and was approved. Due to the health reason I was in Disability in all year of '04 till april of '05. I joined back company in may of '05 and getting paid prevailing wage since then. During my disability period i was paid by the Disabilty insurance provided by the employer. Now does this will create a RFE or denial while filing for I140? I heard that as long as company's current asset is greater than my offered salay they can approve it? Please suggest what I should submit while filing I140?
2) Experience:
Whie filing LC, somehow my lawyer put a requirement of 1 yr of experience. I worked in this company from 1999 and LC was applied in 2003. I have US bachelors degree in CS. I stated that i have 3 month of internship before joining the company. My co-worked who had same situation about experience had his I140 approved from TSC. would there be a question about my experience? If yes what docs should I prepare to defend this issue? Lawyer said I might need to prepare a expert opinion letter, does anyone know what does that mean?
Your help ans suggestion is highly appreciated.
Thanks