I-140 companys ability to pay

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user850

Registered Users (C)
1 .When does INS send the RFE on I-140 - companys ability to pay?

2. Apart from tax returns and w-2's what can be sent to reply to RFE especially when the company is small ?
 
Originally posted by user850
1 .When does INS send the RFE on I-140 - companys ability to pay?

They can issue it anytime during the 140 processing.
2. Apart from tax returns and w-2's what can be sent to reply to RFE especially when the company is small ?

Your company must have a financial statement and its tax return. Any company which practises basic bookkeeping should be able to produce these documents.

hth
dyno
Click to expand...
 
Time wise they can issue any time but under what circumstances or criteria they issue RFE for companys ability to pay.
 
Originally posted by user850
Time wise they can issue any time but under what circumstances or criteria they issue RFE for companys ability to pay.
Click to expand...

Your question should have been "Why" not "When" :)

But anyways there could be various reasons
[1] If your company is a small size company
[2] If your company was backlisted previously
[3] USCIS gets a summary information about your company from IRS, if they find any discrepancies in that they might ask for a detailed report from your company. Discrepancies might include a report of loss during the previous financial year.
[4] If yours is a public company and if there had been recent layoffs
[5] If more than one application is filed in bulk by your company and if the same adjudicator gets to process your application
[6] The USCIS can also receive a summary information aboiut your individual tax return status from IRS. If the tax return you filed is less than the one specified in your LC they might ask these.
[7] If the adjudicator has bad hair day.

hth
dyno


 
Hi dynobuoy

I got the similar RFE,
1. Eligibility to pay & company Tax returns..
2. My w2 for 2002, 2003

My question is regarding w2. There is a diff 20k(Less) than what mentioned in GC labor. But I am getting my salary according to my H1. In 2003 the diff is 11K(less) Than GC labor.

My attorney suggested that he will submit 2002, 2003 w2, with letter showing about the increase in salary from 2002 to 2003, and at this percentage of increase, company will pay labor wages to me up on approval of my case.

And as I know for sure is company is in profit....and I am not sure how much they are showing....

My question is salary diff between what I am getting to Labor wages.... how important is this? Is it really matters?



Thanks







Originally posted by dynobuoy

Your question should have been "Why" not "When" :)

But anyways there could be various reasons
[1] If your company is a small size company
[2] If your company was backlisted previously
[3] USCIS gets a summary information about your company from IRS, if they find any discrepancies in that they might ask for a detailed report from your company. Discrepancies might include a report of loss during the previous financial year.
[4] If yours is a public company and if there had been recent layoffs
[5] If more than one application is filed in bulk by your company and if the same adjudicator gets to process your application
[6] The USCIS can also receive a summary information aboiut your individual tax return status from IRS. If the tax return you filed is less than the one specified in your LC they might ask these.
[7] If the adjudicator has bad hair day.

hth
dyno
Click to expand...
 
HI Sorry for doing this... Just I want to bring this to attention of Immi.Gurus in this link..... So some on can give there valuable Suggestions, comments...opinion....which will help me lot in many ways......



Thanks
 
As far my knowlege goes ,

profit + salary paid >= salary in LC

then chances of I-140 approval are bright.
 
Originally posted by gc_maya
Hi dynobuoy

I got the similar RFE,
1. Eligibility to pay & company Tax returns..
2. My w2 for 2002, 2003

My question is regarding w2. There is a diff 20k(Less) than what mentioned in GC labor. But I am getting my salary according to my H1. In 2003 the diff is 11K(less) Than GC labor.

My attorney suggested that he will submit 2002, 2003 w2, with letter showing about the increase in salary from 2002 to 2003, and at this percentage of increase, company will pay labor wages to me up on approval of my case.

gc_maya

Not to worry. These type of cases are very common. Though an RFE is raised it doesn't mean that your case will not be approved. Remember GC is for a future job. So if your company is making profit now, you should be ok.

The letter about your salary increase is not required. Just submit your W2s and if theye are not satisfied they might raise another RFE and your can reply to that. So for now if they asked for W2s just submit W2s. Don't volunteer information to USCIS.

hth
dyno


And as I know for sure is company is in profit....and I am not sure how much they are showing....

My question is salary diff between what I am getting to Labor wages.... how important is this? Is it really matters?



Thanks
Click to expand...
 
Originally posted by user850
As far my knowlege goes ,

profit + salary paid >= salary in LC

then chances of I-140 approval are bright.
Click to expand...


user850

140 approval has nothing to do with company profit. Even companies which has been reporting a loss for 3 consecutive years get their 140 approved.

Issuing an RFE and approval are totally different ball game. There is a degree of freedom to which the adjudicator might relax the rules. So as far as you fall within that range... you need not worry.

dyno

 
Hi
dynobuoy, user 850


Thanks for your response.... hope every thing works out in my way.....



Thank you very much
 
Originally posted by user850
thanks for info dyno

do you know any expert lawyer with regards to companys ability to pay RFE ?
Click to expand...


There is no expert just in RFEs but any immigration lawyer who communicates to you and responds to you promptly would be good. Also a lawyer who has good understanding of immigration laws is good. If Location is not an issue
Jim Mills
Rajiv Khanna
are my recommendations.

hth
dyno

 
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