I-140 Rfe

[shyam19]

Hello
I need an advice from UNITEDNATIONS, I got a RFE on Sept 21 st 2004 on
updated financials documents of the company and W2 forms of mine (2001/2002/2003), attorney replied to the query on 19th nov 2004 and LUD changed on 23 nov saying received(360-360 days standard message)

RD: 29th sept 2003
EAD/AP approved on Jan 20th 2004
FP done : 04/8/04
I-140/I-485 RD: 29th sept 2003, RFE 21 sept 2004

My question is my LC (salary is 63,000 per year) and from my last 3 years my gross tax income is 57,000(2001) 58,500(2002) and 63,000(2003)
I have gone through your link, it was mentioned that IF THE EMPLOYEE IS GETTING PAID AT LEAST THE PREFERRED WAGE---BASED ON THIS

Do you think my I-140 can get approved?

PLEASE LET ME KNOW

 

[shyam19]

For 2003 you are fine as you got paid the profered wage. If in 2001, the company tax returns had at least $6K and 2002 tax returns had at least $4.5K in taxable income or net current assets then you will get approved.

Not to scare you but I know of one member where company was short $100 in taxable income to pay the difference between proferred wage and actual and he got denied. His is on appeal right now.

According to the link-since --IF EMPLOYEE IS GETTING PAID ATELEAST THE PROFERRED WAGE is not satisfying and IF EITHER OF THE CLAUSES SATISFY(I.E CURRENT ASSESTS-CURRENT LIABILITIES IS GREATER THEN THE DIFFERENCE IN THE PROFERRED WAGE AND ACTUAL WAGE)--DOES IT GETS APPROVED???

 

[shyam19]

Yes. Just keep in mind that ability to pay has to be met for each year individually.

Thanks for your suggestions

I am very much sure from the link you provided out of the all clauses my company satisfies ---CURRENT ASSETS-CURRNET LIABILITIES IS GREATER THEN THE DIFFERENCE IN THE PROFERRED WAGE AND ACTUAL WAGE

Do you think then there is good chance to get approved