I got an RFE on my I-140 petition on 6/4/04. My RD is 7/31/03. The RFE is about my employer's ability to pay. Here is what the RFE says:
"Service records indicate that the petitioner has filed for several I-140 petitions, most of which are currently pending. Therefore, submit evidence to establish that the petitioner has the ability to pay the proffered wages of all the beneficiaries including the beneficiary of the instant petition.
Provide evidence of the petitioner's ability to pay the beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns (with appropriate signature(s) and dates), or audited financial statements. The petitioner is requested to provide this evidence from 2002 to present. The federal tax returns must be signed, dated and include all pages."
However, the attorney told my HR rep that the BCIS has issued a new memo pertaining to I-140 where an RFE for the employer's ability to pay can be addressed only by submitting the beneficiary's W-2's. In this case just submit my W2's. But the RFE clearly says that they should also submit tax returns or any other supporting document. I am not aware of any such memo.
I seek your help here to understand if any such memo has been issued. I dont think that submitting the beneficiaries W2's will address this issue.
Pls. let me know what should be done in this case. I also spoke to the lawyer and told him that I would also like to submit my pay stubs for the past 3 months and he said only W2's were needed.
Any advise will be greatly appreciated.
Thanks,
Adi
"Service records indicate that the petitioner has filed for several I-140 petitions, most of which are currently pending. Therefore, submit evidence to establish that the petitioner has the ability to pay the proffered wages of all the beneficiaries including the beneficiary of the instant petition.
Provide evidence of the petitioner's ability to pay the beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns (with appropriate signature(s) and dates), or audited financial statements. The petitioner is requested to provide this evidence from 2002 to present. The federal tax returns must be signed, dated and include all pages."
However, the attorney told my HR rep that the BCIS has issued a new memo pertaining to I-140 where an RFE for the employer's ability to pay can be addressed only by submitting the beneficiary's W-2's. In this case just submit my W2's. But the RFE clearly says that they should also submit tax returns or any other supporting document. I am not aware of any such memo.
I seek your help here to understand if any such memo has been issued. I dont think that submitting the beneficiaries W2's will address this issue.
Pls. let me know what should be done in this case. I also spoke to the lawyer and told him that I would also like to submit my pay stubs for the past 3 months and he said only W2's were needed.
Any advise will be greatly appreciated.
Thanks,
Adi