I140 Filing pending, request for evidence help????????????

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sar7691

Registered Users (C)
I am an eb3 from india, filed perm on may 2nd 2006, got perm approved after 3 days, filed i140 in june 2006 1st week, now they have sent me a request for evidence. they have asked me for company 2005 tax returns and my 2005 W2.
Is that normal?
Here is my dilema:
when i filed my i140 in june 2006, i was getting paid my correct wage which started in 2006. but since they are asking for my 2005 w2, it wasnt my correct wage and was lower than my wage indicated for 2006. Since my wage was lower in 2005 and correct in 2006, would that pose as a problem when the USCIC sees that my 2005 wage was less. I am getting the correct wage starting the year 2006? Please advise as this is urgent.

thanks
 
What kind of evidence did you give them initially when you filed I-140? Did you submit any evidence of ability to pay? Please answer this, and I will give you my suggestion.
 
Hi braniand,

Thank you for your response. What was given by my lawyers to the USCIS was the immigration petition,letter stating that they are applying for petition on my behalf and the company's financials.
Is that normal if they ask that.

Thank You braniand and am looking forward to your response.

Regs
 
You state that company's financials were presented already? What exactly? They are definitely looking for evidence to prove ability to pay. So whatever was presented (whatever you mean by company's financials) is not enough. How did you prove you are being paid the salary now?
See, no one can help you if we don't know what exactly was presented already. So please give details. It is very important what are these financials? Because these financials or the lack of the right ones have made them issue the RFE.
 
Hi braniand,

The financial statements that was sent with my I140 application was the audited financial statements prepared by my company's cpa. Now, USCIC sent us a RFE stating that they want to see the company's income tax returns.
please advise.

Thanks
 
Do you know if the audited financial statement clearly proved that employer can pay the prevailing wage? If no, then they are looking to see whether the net income from the company's tax return is > prevailing wage or if net income + your W2 IS > prevailing wage.

Please let me know if the presented audited financial statement proves ability to pay? I am in the same boat as you are, so it is interesting to compare details.

Another important thing is, I don't know your situation and the company (how many employees, etc) but another possible reason for RFE could be that this is not a true audited financial statement. AUDITs are a very serious thing, they are usually performed by big audit companies, and cost a lot of money. Maybe what you presented was nothing, meaning not a true audited statement.
 
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