Help, Help ,Help :::Ability to pay for office with more than 100 staff

[badla]

Hello everybody out there, I need Help::::
I got an RFE says that: Submit additional evidence to establish that the petitioner has the ability to pay the proffered wage.
According to FederalRegulations, the petitioner must demonstrate the ability to pay the proffered wages at the time priority is established, in this case June 21.06 and continuing untill the benefficiary obtains lawful permanent residence.
Such evidence must be in the form of either annual reports , federal income tax returns, or audited financial statements.
If the organization qualifies under 8CFR 204.5 (g)(2), please provide evidences as required.

Background: while filing the 140, I attached a latter from the Sr. VP mentioning that or co has more than 100 workers.
Currently the employer do not want to share any tax or payroll statement. May I know what are the other documents can proof that our co has more than 100 staff or is there any outher souitable evidence.

Your prompt help will be very much appreciated, as I have only 6 weeks left to send the papers. Thanks in advance.

 

[envision]

Your employer has no choice but to send in their tax returns from 2005.

 

[badla]

more than 100 workers

I was relatively unsuccessful to obtain the tax return of the co, my lawyer asked for the payroll copies, but is also not possibleto obtain, so I need someother wayto proof that co got more than 100 workes, but dont know how to do that??

 

[nervewreck]

Badla,
I totally understand the employer might not want to share those intricate confidential company information with you. But they should not have any problems to share that information with your lawyer and ask them not to give those details to you. Lot of employers take that route.

Financial documents are the only way to prove that the employer has the ability to pay. The question is not about paying 100 people on staff. What INS is looking for is the ability for the employer to pay YOU and run the company smoothly.

Disclaimer - These are truely my opinions, please consult your attorney for a legal opinion.

I have a question for you...
From your signature I see that your LC PD was Feb 21' 2006. With the Visa Date for EB2 in 2003, how were you able to file for 485 ? Doesn't the priority date effect filing for 485 ? You got the FP done as well, wanted to find out how this is possible? Am I missing something? Please advise.

 

[badla]

Badla,
I totally understand the employer might not want to share those intricate confidential company information with you. But they should not have any problems to share that information with your lawyer and ask them not to give those details to you. Lot of employers take that route.

Financial documents are the only way to prove that the employer has the ability to pay. The question is not about paying 100 people on staff. What INS is looking for is the ability for the employer to pay YOU and run the company smoothly.

Disclaimer - These are truely my opinions, please consult your attorney for a legal opinion.

I have a question for you...
From your signature I see that your LC PD was Feb 21' 2006. With the Visa Date for EB2 in 2003, how were you able to file for 485 ? Doesn't the priority date effect filing for 485 ? You got the FP done as well, wanted to find out how this is possible? Am I missing something? Please advise.

Thanks for the info, to your question about 485, I am from the nonretrogressed country, I guessed that was the reason I was able to file 485 and 140 at the same time.

 

[knowDOL]

send an email to unitednations a member of this forum who is a CPA.

Hello everybody out there, I need Help::::
I got an RFE says that: Submit additional evidence to establish that the petitioner has the ability to pay the proffered wage.
According to FederalRegulations, the petitioner must demonstrate the ability to pay the proffered wages at the time priority is established, in this case June 21.06 and continuing untill the benefficiary obtains lawful permanent residence.
Such evidence must be in the form of either annual reports , federal income tax returns, or audited financial statements.
If the organization qualifies under 8CFR 204.5 (g)(2), please provide evidences as required.

Background: while filing the 140, I attached a latter from the Sr. VP mentioning that or co has more than 100 workers.
Currently the employer do not want to share any tax or payroll statement. May I know what are the other documents can proof that our co has more than 100 staff or is there any outher souitable evidence.

Your prompt help will be very much appreciated, as I have only 6 weeks left to send the papers. Thanks in advance.