How to prepare MTR for I-140 denied (Ability to pay)

virenpshah

Registered Users (C)
Hello Experts:

Please help me urgently as I am in a bad situation with following case details.

I am on my sixth year of H1 which shall expire in Mar 09 and my I-140 is denied. I have my labor approved in EB2 with PD of Mar 2005.

I am working with my employer to produce a considerably good document as an MTR to be filed for I-140 denial.

I am planning to include financial statements from the company and my records such as W2s, pay stubs etc. Please assist me in preparation with the tips on proving the ability to pay and creating a successful document. All tips and links are welcome.

Also I have several questions:
1. My W2 shall match to the salary specified in my labor certification or salary specified in I-140? I am not sure but I guess those two salaries are different.

2. In some cases, the compensation is only in the pay roll but not included on W2s. How to prove if W2 is less than the specified in labor / 140 filing? If that is the case, I am thinking of providing strong financial statement from company to prove their ability.

3. I don't have a paid vacation in my company which reduces my income when I am on vacation. That will make my salary less than what is specified even though I am paid the proffered rate. Can I reduce that to make the difference in W2 and specified salary?

Please, help me to prepare my response to USCIS. I am hoping that I can prepare such a good response to have an approval.

Thanks in advance and appreciated help.
 
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