I-140 ability to pay RFE

jbouhadana

New Member
Hi,
I got an RFE with the following info:

"1. ...you must submit conclusive evidence that will prove that the organization has the ability to support the applicant in addition to the number of individuals currently receiving compensation and other operating expenses. The petioner must demonstrate this ability at the time the priority date is established, in this case March 4,2002, and continuing until the beneficiary obtain a lawfull permanent residence. For the year 2001, 2002 and 2003 you must submit ; (a) copies of your federal tax report with copies of all schedule, or (b) a copy of an annual reports or (c) an audited (or reviewd) financial statments. In addition please submit copies of all your employees w-2 for the indicated time frame(s). ....
2. Please submit a copy of Form 941...
3. Submit W2 forms for the year 2001.2002 and 2003
...

My question is the following, the company I work for never actually made any money but I did get paid and my wage is higher compare to the LC wage. Do they care if the company is loosing money ?
Is there a risk to be refused based onn the company financial ?

Thanks in advance for your precisous help
 
Can you share the Officer# in the RFE?

As long as you are paid the proffered wage and the Wage on the W2s ( can be more than proffered wage on LC) matches and the employer is willing to offer the employment you are OK.

Please share the Officier # if you can, which you can find in the RFE document.

Thanks
 
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Contact unitednations in the VSC 140 forum. He has a extensive thread on the ability to pay issues. You will surely find answers there.
 
hello

In same situation UNITEDNATIONS helped me ... please try to get suggestions from UnitedNations...

Thanks
Swarna


jbouhadana said:
Hi,
I got an RFE with the following info:

"1. ...you must submit conclusive evidence that will prove that the organization has the ability to support the applicant in addition to the number of individuals currently receiving compensation and other operating expenses. The petioner must demonstrate this ability at the time the priority date is established, in this case March 4,2002, and continuing until the beneficiary obtain a lawfull permanent residence. For the year 2001, 2002 and 2003 you must submit ; (a) copies of your federal tax report with copies of all schedule, or (b) a copy of an annual reports or (c) an audited (or reviewd) financial statments. In addition please submit copies of all your employees w-2 for the indicated time frame(s). ....
2. Please submit a copy of Form 941...
3. Submit W2 forms for the year 2001.2002 and 2003
...

My question is the following, the company I work for never actually made any money but I did get paid and my wage is higher compare to the LC wage. Do they care if the company is loosing money ?
Is there a risk to be refused based onn the company financial ?

Thanks in advance for your precisous help
 
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