I-140..RFE..Ability to Pay..Questions

[twoj]

Just got my lawyer's email. He reveived RFE for my I-140 for ability to pay. But he is out of town and won't back until next Monday.

My case is:
LC may 2003
I-140/485 may,2004
Small company
changed job this January
Paid at prevailing wages

Somebody can help with the following questions?

1) Will CIS send a copy of RFE to me?

2) Will CIS send a copy of RFE to the I-140 Company?

3) Do I need to contact the I-140 company so that they won't do anything until I got the response from my lawyer, suppose they got the RFE too.

4) If I got prevailing salary which is also same as listed as my LC, is my w2 form enogh to prove it. do I need the company documents ( such as company tax return) for the ability to pay.

5) Since I changed employer this Jan, do I need to tell CIS at this time? And any documents from the new employer for responding ability to pay question?

Thanks a lot.

Twoj

 

[eBhola]

Rfe

1) Will CIS send a copy of RFE to me?

NO

2) Will CIS send a copy of RFE to the I-140 Company?

YES

3) Do I need to contact the I-140 company so that they won't do anything until I got the response from my lawyer, suppose they got the RFE too.

Better be in touch.

4) If I got prevailing salary, is my w2 form enogh to prove it. do I need the company documents ( such as company tax return) for the ability to pay.

Ur W2 salary should be greater than Labor salary -- well that is one of the ways -- but may not be complete. U may need -- company balance sheet -- tax returns - number of emps - for the year labor was filied... Well Ur attorney might help U with that... he/she should have seen all that documents before doing the labor salary.

5) Since I changed employer this Jan, do I need to tell CIS at this time? And any documents from the new employer for responding ability to pay question?

I guess U transfered Ur H1b to the new company -- in that case U already have informed the CIS. If you are using EAD then its not correct -- U should have waited till 140 approval and used AC-21.
No documents from new employer needed.

HTH

 

[DIGS]

Good work, eBhola. Best luck twoj.

DIGS
EB3, India
RD Apr.04
140 ??

 

[twoj]

NO
YES
Better be in touch.
Ur W2 salary should be greater than Labor salary -- well that is one of the ways -- but may not be complete. U may need -- company balance sheet -- tax returns - number of emps - for the year labor was filied... Well Ur attorney might help U with that... he/she should have seen all that documents before doing the labor salary.
I guess U transfered Ur H1b to the new company -- in that case U already have informed the CIS. If you are using EAD then its not correct -- U should have waited till 140 approval and used AC-21.
No documents from new employer needed.

HTH

Thanks so much, eBhola, it is very helpful. I am a little bit cheered up now after reading your advice. I got paid in my I-140 company a little more than the salary listed on my LC.
And I have to switch employer because of the layoff and the new employer pays me the labor salary.

Thanks again. And I will keep you guys posted.

twoj

 

[twoj]

Contacted with the assistant of my lawyer. She told me that the employer tax return ususally requested. If not provided will weaken the case considerably. Unfortunately, the lawyer is out of town and won't be back until next monday.