EB2 - I-140 RFE - Help Needed

P

prgc

Registered Users (C)
Dear Friends,

I have been working for this company since Mar-2001. My labor says,
X Amount of salary.

Since I have joined in March 2001 and took one month vacation later that year I have been paid X minus 13K

In 2002 - I have been paid X plus 10K
In 2003 - I have been paid X plus 10K
In 2004 - It will be X plus

Now, I have received RFE on "Ablity-To-Pay". Company has made profit in all 3+ years.

When we reply for this RFE, should I make a note to the USCIS officer that
I have joined company in Mar 2001 and I was on vacation for one month in 2001 and that was the reason for salary paid in 2001 was "X minus 13K" ?

OR is this irrelevant? Please let me know.
Many thanks in advance
 
prgc,

Did you include your previous W-2s, recent paystubs, your own tax returns in your I-140 application? Did you provide company info like year established, gross income, net income, company size, etc? If not, maybe that is what triggered RFE.
I think your case will be fine. Do not worry too much. You will get approval very soon.
Good luck!
 
Hey PRGC,

Sorry to hear about your RFE - however on a positive note, at least you now have some movement on your 140.

You should be okay, as long as your co's financial statements show the ability to pay you all the 3 years - in other words, the first year if you had income - expenses > 13K, you should be okay. I'm assuming you work for a small co. Does your RFE specifically mention the situation in 2001? I probably wouldn't explicitly bring that out, unless that's the case. What does your attorney propose?

On a side note, looks like you don't have paid vacation? :eek:

Don't worry, you'll get through this stage - then we need to see which one of us gets the 485 first (same ND) :D
 
Rfe

Thank YOU ALL,

Yes, they have asked just for 2001 company details. Yes, mine is a small company with 30 to 50 employes.

Hi unitednations,

Are you saying that if the company had made profit greater than 13K then I should be fine? and are you saying that I do not have to bring USCIS officer attention that I have joined in March 2001 and took one month unpaid vacation?

Many thanks in advance
 
prgc said:
Thank YOU ALL,

Yes, they have asked just for 2001 company details. Yes, mine is a small company with 30 to 50 employes.

Hi unitednations,

Are you saying that if the company had made profit greater than 13K then I should be fine? and are you saying that I do not have to bring USCIS officer attention that I have joined in March 2001 and took one month unpaid vacation?

Many thanks in advance
Click to expand...

If your company had profits of more than 13K in that year that is ok. If the company size is 30 to 50 employees and sure they might had this profit.

About my case which was approved without RFE :
My case is a future GC. The comapny is a small consulting company with 15 consultants working with 1.8 millions Turnover and 100k Profit. My LC salary is 64k, and I never worked for this company.

Any Given year :
Your W2 + Company Profit + current assests > Your LC Salary.

This should help you how it works.

Best of Luck....


Sree
 
profit doesn't matter

what matters is the net current asset of the company as of labor priority date and continuing to present. What you need is a good attorney who can show net current asset and argue that the company has means to pay the salary.

My case was a disaster. A good meaningful RFE response got me through.
 
Rfe

Thanks Sree!

Hi Rajudm,

because I have been paid what is mentioned in LC in Year 2002, 2003 and also in 2004, these 3 years should not be an issue right? the only thing is, year 2001, company sould have made atleast 14K profit.

thank u all for your reply! really appreciated! hoping that I will get the approval!

thanks again!
 
rajudm said:
what matters is the net current asset of the company as of labor priority date and continuing to present. What you need is a good attorney who can show net current asset and argue that the company has means to pay the salary.

My case was a disaster. A good meaningful RFE response got me through.
Click to expand...

PRGC :
Go through this link.

1) Net Income
2) Net Current Assets
3) Employment of the Beneficiary --- Which is W2

Sree.....
 
prgc

it is not the profit which makes or breaks. Net current asset of the company at various dates (from labor filing to current) should be in excess of proferred wages.

so Net current asset (property, stocks, bonds, line of credit, cash account balance...etc) and more importantly a good objective covering letter to show that the company has good credentials to pay the required wages.

You should be fine with this (make sure your attorney does a good job.).
 
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