I140 Query: Ability to Pay

Y

yudhister

Registered Users (C)
hi Everyone,
I got a query at I140 state. The Query says ability to pay by the company and INS asked for Companies financial papers and my w2 papers. Which we did as requested.
Now my question is- I get very less pay when compared to the rate quoted in the Labor certificate. Will this be a problem? My H1B is expiring in December and I am applying new H1b extension with the low pay. Will the INS compare the pay in LC, LCA and I140? Wll there be any chance of I140 be denied because of the pay given now is very less than the pay mentioned in I140?

Please give me your experiences and suggestions.
 
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At least your W2 should match LC, that's the purpose of going through the whole procedure.
 
re:

as long as the employer will pay u the wage specified on the labor after u get GC, its fine. current pay doesnt matter in my opinion...

consult ur attorney,

vik
 
hi tyzh

In GC process, i heard LC is for future employement, and w2 is for current pay which i get. So, how can they both match. Correct me if I am wrong. In my case it is not matching... please throw some light if you know anything...
 
Since you already work for the company, the future employment doesn't stand well. Besides, you are not allow to have promotion or change title etc, so the only thing you can count on is the yearly increase, which mostly under 5%. If you current salary is within 2x5% range of your LC salary and the company is in good shape, then it should be OK.
 
Look here:

http://www.usavisanow.com/lcgreencard-pw.html

"
DOL regulations require that the DOL Form 750-A and the Internal Job Posting contain the Prevailing Wage.

The employer should bear in mind that the they do not need to begin paying the prevailing wage to the employee until permanent resident status is obtained, which is at the end of the process.

Therefore, although the stated salary for the position may be higher than the salary currently received by the foreign national employee, the employer is only obligated to pay the salary at the time a green card is ultimately approved.

"

Hope this will help!

GCG
 
hi GCG

thanks for your words. I hope my I140 will be aproved with out any problem.
Once again thanks.
 
hi yudhister

please can give some information about your company finances like how much gross profit, any net loss, how many employeesand anything you feel is valuable. Thanks
 
hi zirindaba

hi zirindaba, fortunately so far there is no loss but at the same time there is no much profit also. As the software market so down even we had some problems. _And number of employees it should be around 25.
 
yudhister

my company is small only 4 employee gross profit was 400,000 and net profit was 15,000 it has been in business for like 50 years but it is a sole ownership is there a problem with these as I got RFE requesting for ability to pay am getting scared cos now so far 40 days since we responded
 
Did you drop a 0 by mistake? Even a grocery store should have more than 15,000 net profit a year.
 
tyzh

15,000 was the net profit yes there some grocery store that make more than that but also there are big companies who make losses but I think this was atleast a net profit not net loss. Is this a problem please advise.
 
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In a sole proprietorship, the company's net profit is also the owner's personal income. Can't imagine somebody just running a business to earn just 15,000 a year. Make sure he had some fat year once a while to cover it.

Of course he can't promise INS to give you a pay raise like 10,000+ kind of thing.
 
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tyzh

Could you try to help me clarify myself a bit.
If a very small company (one employee right now, me) with about 2 years operation and not yet having any profit, actually having some loss right now due to low economy and being new in the market, but the company has funds enough to pay my wages and continue in operations for some 2 years (there is a big potential so some lowns were contracted). Would this company be able to sponsor my CG withouth too many problems?? I am in a L1-A visa right that was issued withouth a problem a bit over a year ago.
 
I'm no expert and there are no hard and fast rules here. But the situation you describe doesn't sound too promising. Try another one if you have enough time left on your H1.
 
I thought that since I have an L1-A and the requirments for a GC are alsmot the same, proving financial ability of the company to pay the wages would be enought allthough at the moment it isnot making a profit which is normal in most new companies specialy with the current economy.
 
I-140 rejected on empoyer inablility to pay

Ability to pay is becoming major issue these days, mine was flatly reject on this grounds. The RFE was replied with all the pay stubs (25 Paystubs) and the facts the company has been ragularily paying the emplyee. But INS rejected the I-140 and RFE reply on grounds that Employer should prove FUTURE ability to pay, Nobody knows how? Ofcourse like all other IT compny, my employer showed losses in last 2 tax retruns.
My lawyer is filing an appeal, but dont know what would happen!
 
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