I140 Question

A

apahilaj

Registered Users (C)
Dear All,

Being a novice to these immigration procedures and requirements, please help me out here.

Got my PERM approval last week (EB2) and have applied for the next step - I140. One of the requirements for filing I140 is employer showing the tax statements or financial documents. Since my company is a privately held organization they did not provide any sort of financial documents for this petition. They did write a letter to the USCIS indicating that they can not provide this information since they are privately held.

My question is: Does any one know from past experience if this can result in the application getting denied or will this result into an RFE? IF so, does any one have any comment on the risk involved here?

Thanks a lot for your help-
 
apahilaj said:
Dear All,

Being a novice to these immigration procedures and requirements, please help me out here.

Got my PERM approval last week (EB2) and have applied for the next step - I140. One of the requirements for filing I140 is employer showing the tax statements or financial documents. Since my company is a privately held organization they did not provide any sort of financial documents for this petition. They did write a letter to the USCIS indicating that they can not provide this information since they are privately held.

My question is: Does any one know from past experience if this can result in the application getting denied or will this result into an RFE? IF so, does any one have any comment on the risk involved here?

Thanks a lot for your help-
Click to expand...

Per my understanding they deny for sure petitions when they request to show TAX statements and employer says kind of "Private ,... Confidential etc...".

It is very common problem of small privetly or family held companies when they think if they write useless letter saying that they do not disclose TAX info because it is private, USCIS would send them an approval with words "We respect your privacy".

As I know it was not mandatary to send TAX info with your petition,
only when USCIS sends RFE to disclose this information they should do it.
 
As far as I know, I will be really surprised if USCIS won't ask you show the company's previous years tax returns (for ability to pay). There is no such thing "private", if USCIS ask you to show any record. If you can't provide the information they ask you to provide,then they will deny the appication straight away. This the truth. Please check with you attorney.
 
Thank you all for your responses. Atleast it indicates to me that I should expect an RFE for this information.

Worst case - if the I140 petition get's denied for this reason, is there a provision to reapply?

Thanks again guys!
 
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