I-140 RFE ability to pay(Unitednations please input)

shinhyun

New Member
I-140 RFE ability to pay

This is my RFE

" The 2004 tax return you have submitted does not bear the required signature of the preparer and officer. Therefore you must resubmit a 2004 return that has been certified by IRS.

Submit additional evidence to establish that you had the ability to pay the proffered wage as of August 22, 2005 the date of filing, and continuing to present. Such evidence may include, but not limited to, accredited profit/loss statement, bank account records, or personnel records.

If the beneficiary was employed by you in 2004, submit copies of the beneficiary's Form W-2 wage and tax statement(s) showing how much the benefiary was paid by your business."

I am planning to submit bank account records, but I am concerned about the bank balance in August to September 2005 which is just $1,000 to $2,000. The balance remains around $30,000 after October 2005 until now. My profered wage is jus a little over $20,000. I am going to submit my 2005 W-2 wage and statement and a copy of the first quarter 2006 corpoarate tax report.

My question is whether 2005 tax return would be of help when it was not requested by USCIS and further I am submitting bank balance upto March 2006 which maintains more than $30,000. The real reason I do not want to submit it is it does not expect net profit even if cash surplus passed down from previous years maintains cash balance in the bank. What do you think?

LA filing: 8/22/05
LA AD : 9/18/05
140+485 concurrent filing: 11/20/05
140 RFE: 3/10/06
 
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RFE on I-140 from CSC

My RFE also has the same language for Ability to Pay.

My issue is slightly different because I am a Prospective Employee.

The company is not in losses, but making very little profit and my proferred wage is around $ 100,000

Please let me know what can we do to prove ability to pay.

Thanks, Mike

The RFE is:

Ability to Pay: Provide evidence of the petitioner’s ability to pay the beneficiary’s wage. The petitiioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of Copies of annual reports, federal tax returns or audited financial statements

Tax documentation: Provide all schedules and tables that accompany the submitted tax return

Form DE-6 Quarterly Wage Report: Submit Copies of the US company’s California Employee Development Department (EDD) form DE-6, Quarterly Wage Report for all employees for the las t quarter of 2004 and the first three quarters of 2005 that were accepted by the State of California. The forms should include the names, social security numbers and number of weeks worked for all employees.

In addition, state the job title and briefly describe the duties of each employee listed on the DE 6 forms.
 
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