Folks, my I-140 got approved
I work for a small (< 5 persons) company. S-Corp. RFE was regarding Ability to Pay and for experience letters. I sent all tax forms with all pages since 2002. Enclosed a letter from the CEO indicating that the company is profitable and that the (assets - liabilites > $$ offered). An examination of Schedule L easily proved this even though Net Business income was a small amount so was not a useful figure.
For an S-Corp Net Business income will usually be quite paltry because that's the way S-Corps are organized.
For the experience letter, I re-sent the same letter submitted initially, from a previous employer, along with a recent letter from an ex colleague who was aware of what I did at a previous position. The experience letter had the same job description info from the LCA verbatim.
My opinion on 'Ability to Pay' is that if you can look at the tax forms and figure out that the company you work for, has the assets in cash or any other liquid instrument, or if shareholder distribution, or loans to shareholders are a sizable amount and if totaled up are greater than the offered salary, then essentially you do not need a CPA to write you a letter. You don't need to even send W2s.
If you have been working for the company for several years, then the amount they paid you can also be added to the "Assets" figure.
Get your CEO to write you a letter highlighting the figures and logic and that should be enough. The calculations here should not be that
difficult for most people. Only if you absolutely are not able to figure out any way to satisfy either of the 3 points specified by the Yates memo, should you consider a CPA to do something creative as a last resort.
Thanks, now onto the 485 line.
NY SWA, RIR, EB2 (MS+1)
SWA RD (PD): July, 2002
PBEC 45-Day BPC Letter Received: Sept. 2005
Labor Approved: December 2006
I-140 PP. January 2007
RFE A2P, Experience February 2007
RFE Replied April 2007 (Waited to get the current year taxes filed)
I-140 Approved April 2007
Service Center: Nebraska
I work for a small (< 5 persons) company. S-Corp. RFE was regarding Ability to Pay and for experience letters. I sent all tax forms with all pages since 2002. Enclosed a letter from the CEO indicating that the company is profitable and that the (assets - liabilites > $$ offered). An examination of Schedule L easily proved this even though Net Business income was a small amount so was not a useful figure.
For an S-Corp Net Business income will usually be quite paltry because that's the way S-Corps are organized.
For the experience letter, I re-sent the same letter submitted initially, from a previous employer, along with a recent letter from an ex colleague who was aware of what I did at a previous position. The experience letter had the same job description info from the LCA verbatim.
My opinion on 'Ability to Pay' is that if you can look at the tax forms and figure out that the company you work for, has the assets in cash or any other liquid instrument, or if shareholder distribution, or loans to shareholders are a sizable amount and if totaled up are greater than the offered salary, then essentially you do not need a CPA to write you a letter. You don't need to even send W2s.
If you have been working for the company for several years, then the amount they paid you can also be added to the "Assets" figure.
Get your CEO to write you a letter highlighting the figures and logic and that should be enough. The calculations here should not be that
difficult for most people. Only if you absolutely are not able to figure out any way to satisfy either of the 3 points specified by the Yates memo, should you consider a CPA to do something creative as a last resort.
Thanks, now onto the 485 line.
NY SWA, RIR, EB2 (MS+1)
SWA RD (PD): July, 2002
PBEC 45-Day BPC Letter Received: Sept. 2005
Labor Approved: December 2006
I-140 PP. January 2007
RFE A2P, Experience February 2007
RFE Replied April 2007 (Waited to get the current year taxes filed)
I-140 Approved April 2007
Service Center: Nebraska
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