I-140: Questions regarding Employer's Ability to Pay

A

alvin

Registered Users (C)
Hi, guys,

I am working for a really small ( 5 employee) IT consulting company (aka body shopper) for last 3 years, my LC has been approved and my employer is planning to file for I-140/I-485.
Below is summary of my company's financial position:
2000 -- loss (total business 100K)
2001 -- loss (total business 200K)
2002 - -loss (total business 250K )
2003 -- Profit, only 3 K ( total business 500K )
2004 -- (total business estimates is 1 mil this year)

My salary details:
2001 --> paid 60K ( prevailing wage in LCA 48K )
2002 --> paid 60K ( prevailing wage in LCA 48K )
2003 --> paid 72 K ( Prevailing wage in LC 71 K)
2004 --> currently being paid 80K ( Prevailing wage in LC 71K)

Based on the above, do you think, we have any chance for proving company's ability to pay in future. :eek:

Thanks and will really appreciate your comments.

-al
 
salary is OK

alvin said:
Hi, guys,

I am working for a really small ( 5 employee) IT consulting company (aka body shopper) for last 3 years, my LC has been approved and my employer is planning to file for I-140/I-485.
Below is summary of my company's financial position:
2000 -- loss (total business 100K)
2001 -- loss (total business 200K)
2002 - -loss (total business 250K )
2003 -- Profit, only 3 K ( total business 500K )
2004 -- (total business estimates is 1 mil this year)

My salary details:
2001 --> paid 60K ( prevailing wage in LCA 48K )
2002 --> paid 60K ( prevailing wage in LCA 48K )
2003 --> paid 72 K ( Prevailing wage in LC 71 K)
2004 --> currently being paid 80K ( Prevailing wage in LC 71K)

Based on the above, do you think, we have any chance for proving company's ability to pay in future. :eek:

Thanks and will really appreciate your comments.

-al
Click to expand...

many small companies/corporations show very little NET income due to tax reasons. so the profit of 3k is not unexpected.

even though your company was in loss (and now in profit), still your salary has been part of the loss/profit. this shows that company has ability to pay your salary.
you will need to attach employer's federal tax returns (or audited financial statements) with your I-140.

an example: if you were not employed by the company, then company would have to show NET income (not gross) worth your salary to hire you for your future green card job. If their NET income is less than your future salary, they have to show proof that they will generate that much income (e.g. if an employee worth your salary is leaving etc. although someone leaving will create more questions from CIS).
 
Thanks, nyguy009

Thanks for your time, nyguy009 ! much obliged.

I am still kinda skeptical about proving my company's "ability to pay"
The only positive thing is being on the payroll for last three year, other than that, there is lots of hopelessness. But I'll hang in there...

I was just curious, if there are other people on this forum, working for such smaller companies ? may be not..

Thanks again for your time.
-al


nyguy009 said:
many small companies/corporations show very little NET income due to tax reasons. so the profit of 3k is not unexpected.

even though your company was in loss (and now in profit), still your salary has been part of the loss/profit. this shows that company has ability to pay your salary.
you will need to attach employer's federal tax returns (or audited financial statements) with your I-140.

an example: if you were not employed by the company, then company would have to show NET income (not gross) worth your salary to hire you for your future green card job. If their NET income is less than your future salary, they have to show proof that they will generate that much income (e.g. if an employee worth your salary is leaving etc. although someone leaving will create more questions from CIS).
Click to expand...
 
Check this out

alvin said:
I am still kinda skeptical about proving my company's "ability to pay"
The only positive thing is being on the payroll for last three year, other than that, there is lots of hopelessness. But I'll hang in there...

I was just curious, if there are other people on this forum, working for such smaller companies ? may be not..

-al
Click to expand...

Check this out. I-140 approved for a company with 3 employees. Good luck.

http://boards.immigrationportal.com/showthread.php?t=130721
 
What is your priority date (or when is your LC applied?)? Are you paid regularly? Do you have proof? (W2 and pay stubs).
Company should able to show ability to pay from the time priority date is established.
If you applied LC in 2003 and in payroll from the time LC applied you are very safe. Otherwise things still need to be analyzed. Though I can say you are safe because you are in payroll
 
Ability To Pay

It is true that the GC is for future employment.

The explantion posted by other folks (rljh, nyguy009..) is correct.

As per the recent memo/guidelines, if the company has paid and has been paying the salary (proffered wages) since the priority date, then the case should not have any problems. If there is difference (less than the proffered wages), then the profites, networth, assets .... etc will kick in to prove the ability to pay. This is the reason why W2 and paystubs are required.

Hope this helps.

Thanks,
DWD123.
 
Thanks for the positive notes, makes me feel so good, I'll have couple of extra beers this week-end.

To answer, your question, Yes, I have all the proof, Pay stub, W2, bank statements etc etc.

My LC priority date is October 2003, and I am on the company pay-roll since Oct 2001.

My worry, is that I have been paid much more than the "prevailing wage" mentioned in my LCA and LC. Please see below numbers:

2001 -> 60K ( prevailing wage in LCA 48K)
2002 -> 60K ( Prevailing wage in LCA 48K)
2003 -> 72 K ( Prevailing wage in LC 71K, 95% is 66K only )
2004 --> 80K ( previling wage in LC 71K, 95% is 66K only )
I will be paid at the rate of 90K from next month (the Prevailing wage is still 71K), will that be a problem.

I know being paid less than the prevailing wage is a problem, but in my case it is the other way around. Do you guys think, I will have any issue due to salary much higher than the prevailing wage ??
I looked at couple of posts in the past and I remember this being an issue.
any idea ? anybody has any experience with this ?

Thanks again for your valuable comments.

-a

rljh said:
What is your priority date (or when is your LC applied?)? Are you paid regularly? Do you have proof? (W2 and pay stubs).
Company should able to show ability to pay from the time priority date is established.
If you applied LC in 2003 and in payroll from the time LC applied you are very safe. Otherwise things still need to be analyzed. Though I can say you are safe because you are in payroll
Click to expand...
 
Following is our attorny's e-mail.
"Raise will not affect your green card process. Thanks. "
 
re:

That's exactly what my lier says too...but, hey ! they are liers..do you really want to listen to them ?? :D

Thanks again for your time.

-al

rljh said:
Following is our attorny's e-mail.
"Raise will not affect your green card process. Thanks. "
Click to expand...
 
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