I-140 RFE ability to pay

[emerald1]

Hi All-

My I-140 got an RFE on ability to pay . My company donot have tax returns yet. They are ready to provide the Profit and Loss statements though and I know the company is making profits. I have all my pay stubs and my W2 shows income more than proferred wage. Do you think P & L statements , pay stubs and W2 are good enough to avoid a denial ??

Please suggest what else can I provide....

Thanks in advance-
emerald

 

[globalfellow]

Ability to pay

Your employer must submit additional evidence/document regarding the financial standing of the company. This is one of the basis for I-140 approval. I know someone who's employer lost millions of dollars in profits but inspite of that his I-140 was approved because he receives the proffered wage from the time his LCA was approved to the adjudication process of his I-140. With that said, I think you're fairly safe.

 

[prakumar]

I am in similar situation. PD is 10/2003 in EB2.. 140/485 got denied from NSC on June 13th 2006 based on failure to establish ability to pay. Had received and RFE because the company doesn't have net income or net assets to show proferred wage. Also, I am working for different employer so can't show W2's. We had sent bank statements showing avg mnthly bal is more than proferred wage but they didn't accept as enough eveidence.

Planning to file for appeal so that I can exyend my H1. I have heard United Nations has helped a lot of people in similar situations....please UN or other members who have worked out this situation please help!!!!!