I just got the RFE on my I-140. 
1. Ability to pay. It looks like the W2 form from 2002 and 2003 do not add upto the proffered rate. I think it's due to pre-tax deductions for transit checks..... The company had a lot of profit in 2002 and 2003, so this should be taken care of easily. After 2003 I have been paid more than proffered rate.
2. Experience: This one is back to haunt from non-PERM LC. We got the LC approved approved with two NOIDs. The job requires BSEE + 2 yrs experience in the job offered. I had been working in the job for 2.5 years before the LC was filed. We included experience letter from current employer. But the USCIS says the evidence is 'absent'. It doesn't refer to the letter saying it doesn't establish or prove the experience. Does this mean they haven't even looked at it?
We have to prove the beneficiary had the 2 years exp. prior to PD (Sep, 2002) with current or previous employers. Is current = petitioner?
I have read several confusing statements regarding experience gained at the petitioning employer. Some say it counts, some say it doesn't. Some have approved I-140 with that. Some say the job has to be different.
Can you point to any resources regarding this? I am seeing the lawyer next week.
1. Ability to pay. It looks like the W2 form from 2002 and 2003 do not add upto the proffered rate. I think it's due to pre-tax deductions for transit checks..... The company had a lot of profit in 2002 and 2003, so this should be taken care of easily. After 2003 I have been paid more than proffered rate.
2. Experience: This one is back to haunt from non-PERM LC. We got the LC approved approved with two NOIDs. The job requires BSEE + 2 yrs experience in the job offered. I had been working in the job for 2.5 years before the LC was filed. We included experience letter from current employer. But the USCIS says the evidence is 'absent'. It doesn't refer to the letter saying it doesn't establish or prove the experience. Does this mean they haven't even looked at it?
We have to prove the beneficiary had the 2 years exp. prior to PD (Sep, 2002) with current or previous employers. Is current = petitioner?
I have read several confusing statements regarding experience gained at the petitioning employer. Some say it counts, some say it doesn't. Some have approved I-140 with that. Some say the job has to be different.
Can you point to any resources regarding this? I am seeing the lawyer next week.
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