Got an RFE -- Employer's Ability to Pay?

[ishaqali]

My 485 Details are
WAC-02-049-5****
RD Nov 26, 2001.
Finger Printing done on April 02, 2002.

I have received an RFE, which has 4 items on it.
1. Employement Letter -- I need to get a letter that I am employed full time in a permanent job. My employer thinks that in california there is no concept of a permanent job. If my employer gives a letter I am employed full time, will it be acceptable?

2. Verification of Employment -- 4 paystubs
3. Income Tax Forms -- W2 and 1040 for last 3 years
4. Ability to Pay
On this item 4, I need to provide evidence of my employer's ability to pay my wage. My employer is a LLC, and I am not sure if they are willing to submit their annual report in support of this requirement.
Has anybody received any such RFE from INS?
I would appreciate any help on this.

 

[milli]

I didn't get an RFE for 485 but I did get a similar RFE for my I140. It's very important to respond with required documents. My lawyer responded to my RFE by sending my 1 yr pay stubs as evidence of company's ability to pay and INS duly denied my I140 saying it was not acceptable.

In INS words:

..evidence of this ability to pay shall be either in the form of copies of annual reports, federal tax returns or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.


So you have to respond with one of the above mentioned documents.