I-140 RFE (ability to pay)

[deepakanu]

Hi All,

I got an RFE on my I-140 about ability to pay preferred wages. My company made a $50K profit which is less than preferred wage mentioned in my LC in year 2002. And this is also true for year 2003. I have been paid the salary mentioned in my LC and the profit for year 2002 and 2003 is after all expenses (including my salary).

For year 2004, we have enough money in bank to run our company for next nine months.

What are chances my case getting approved?

 

[LCSilence]

Does your company have sponsored other employees? You may have problems if their I140 were filed at similar time as yours. Otherwise, you have a good chance to get an approval.

 

[deepakanu]

No I'm the only person working as a H1B employee.

 

[manoj2003]

do u mind sharing ur ND?

I think u should be ok, a good attorney should eb able to handle this.

 

[deepakanu]

ND : 6/12/2003
EB2

My attorney is Sheela murthy. I'm hoping the best as I have only one year left in my H1B. If my case get denied then I have no other options but go back to india.

 

[manoj2003]

no, that should not happan in any case.

GC is for future employment, so salary mentioned on LC is kinda promise company made to employee to pay once he/she gets the GC, I am almost positive that a good attorney would be able to set this,attorny u mentioned must be good enough for this.

But may be u may wanna apply for a fresh labor asap so that if something goes wrong, u can use 7th year extension based on pending Labor.

keep cool, u would be good.

good luck