I-140 Ability to pay

AmericanDesi123

New Member
My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

(1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).

(2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)

(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

Ours is a small company and doesn't have net income or net assets matching the proffered wage.
 
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