I140 approved after RFE A2P

D

dinsand

Registered Users (C)
You guys here have been great with your input. Thought I'd share an update regarding my case. My I140 (EB2) is approved today after a RFE of ability to pay. The tax return of my employer didn't look good. Also, it's a small company about 3-4 employees. My lawyer did a 5 page explanation basically citing that the last year's 2 employees who left the company middle of last year - their salaries will transfer to me since the job position is the same except i'll be doing it full time. And she cited other cases, laws and regulations and stuff- lawyer's speak.

So, off to consular processing for me. Good luck to everyone here!

dina
LC applied 12/2006
LC approved 2/2/2007
I140 (EB2) PP applied 4/4/2007
RFE A2P 4/10/2007
RFE Reply 5/23/2007
I140 Approved 5/29/2007
 
I am in the Same Boat, can you share your Lawyer's letter with me my ID on yahoo is buddy1908, and anyway I am surprised that your lawyer represented your company.

I thought your CEO or CFO needs to write such letters as Lawyers don't know what is happening inside a company.

I am applying from a small company less than 3 employees, I joined after 10 months of filling my labor that is again causing problems as my lawyer wants me to show evidence that within those 10 months there was somebody working in my role. I am very frustrated about this whole scenario. This is for my I-140, labor was approved on Sep, 04.



Kiran
 
pls help

Hi Guys..
i got a A2P RFE for my i140.. can u pls help me on what needs to be done.
pls any help is appreciated.
 
kiran_k02 said:
I am in the Same Boat, can you share your Lawyer's letter with me my ID on yahoo is buddy1908, and anyway I am surprised that your lawyer represented your company.

I thought your CEO or CFO needs to write such letters as Lawyers don't know what is happening inside a company.

I am applying from a small company less than 3 employees, I joined after 10 months of filling my labor that is again causing problems as my lawyer wants me to show evidence that within those 10 months there was somebody working in my role. I am very frustrated about this whole scenario. This is for my I-140, labor was approved on Sep, 04.



Kiran
Click to expand...

Hi Kiran,

I don't have a copy of the lawyer's letter, she told me what's in it in general terms. Fortunately, my employer cooperated fully with my lawyer, even had their accountant worked with my lawyer. Even had their accountant file the return earlier to beat the RFE deadline.

Because the income tax return cannot fully satisfy what the USCIS wants, she had to explain how the salary of previous part time employees will be transfered to me as those two employees are already gone from the company but their salaries are still reflected in the tax return. She also cited various cases in the past where USCIS approved I140 based not solely on those criteria they have but can exercise their own judgment providing the supporting documents are adequate and in order.

Perhaps you need to ask your employer to furnish details regarding the previous employee whose job you'll be taking over. In my case, the lawyer sent the W-2's of the previous employees and termination letters. And prove that the job is currently vacant. Hope this helps.

Dina
 
ncube2 said:
Hi Guys..
i got a A2P RFE for my i140.. can u pls help me on what needs to be done.
pls any help is appreciated.
Click to expand...

Hi ncube2,

Can you tell us more what exactly is/are the reason for the RFE?

Do you have a lawyer?

Dina
 
You must log in or register to reply here.
Top