I-140 ability to pay

[cooldude2k4]

Hi,

I've a question on the I-140 ability to pay. I'm filing my I-140 in a week and my employer is paying me properly, as specified in the labor. But the salary is delayed by two months. I've started with this employer since May last week 2004 (after my labor approval, I joined this company - not substitute labor, but filed in my name). He paid me till August 2004. I'm waiting for the vendor to pay the full amount to my employer after which I'll be paid by him.

If I get an RFE next year on my I-140, I wouldn't have the exact amount as specified in the labor in my W2. Even if he pays till October 2004 by Dec 31st 2004, I would be short of 12k. So, there will be 12k difference in my W2 and the labor specified amount. Will that difference cause an issue in case we reply for any Ability to pay RFE. How to solve this issue. I'm just trying to be safe before I see something coming.

thanks.

 

[iiilkb]

Correct me if I am wrong, but isnt it true that the employer is not obligated to pay Labor rate until all petitions are approved???

Hi,

I've a question on the I-140 ability to pay. I'm filing my I-140 in a week and my employer is paying me properly, as specified in the labor. But the salary is delayed by two months. I've started with this employer since May last week 2004 (after my labor approval, I joined this company - not substitute labor, but filed in my name). He paid me till August 2004. I'm waiting for the vendor to pay the full amount to my employer after which I'll be paid by him.

If I get an RFE next year on my I-140, I wouldn't have the exact amount as specified in the labor in my W2. Even if he pays till October 2004 by Dec 31st 2004, I would be short of 12k. So, there will be 12k difference in my W2 and the labor specified amount. Will that difference cause an issue in case we reply for any Ability to pay RFE. How to solve this issue. I'm just trying to be safe before I see something coming.

thanks.

 

[cooldude2k4]

thank you unitednations.

for uscis purposes, employer doesn't need to pay labor rate until greencard is approved.

for labor purposes, one of the certifications employer makes on 750a form is that if person is working with employer then they are getting paid proferred wage.

However, even though uscis doesn't care whether you are getting paid proferred wage until greencard approval; the rules state that the company has to be able to demonstrate that they have ability to pay the proferred wage on priority date of labor. This is where everyone is getting stuck in denials of 140's.