I140 RFE-Can Someone Respond

masternyc

Registered Users (C)
Hi…
EB2 PD: 05/22/06, I140 TSC RD: 06/23/06, ND 07/10/06 INDIA. Applied on my own. I have received a RFE for I 140. The letter says as below:

This office is unable to complete the processing of your petition without further information. Please read and comply with the request below, then submit the evidence to above address. Include a copy of this letter and place the attached gold sheet on top of your documents.

Please submit a statement from the petitioner’s Chief Financial officer verifying the firm’s ability to pay the proffered wages to the beneficiary. Please also include evidence of any wages paid to the beneficiary by the petitioner such as W-2’s and recent paycheck stubs.

According to Federal Regulations, the petitioner must demonstrate the ability to pay the proffered wages at the time the priority date is established and must continue the beneficiary obtains lawful permanent residence.

You may choose to submit one of the following for 2005:
·A copy of the petitioners 2005 Federal Income Tax Return, including copies of all schedules, or
·A 2005 audited financial statement, or
·A 2005 annual report.

You should submit the requested information within (12) twelve weeks from the date of this letter. Failure to do so will result in the denial of your application.

Currently I make $52k/yr (Plus 10K in benefits not shown on pay stubs or W-2), Prevailing wage: 63k/yr, Wage Offered: 73k/yr.
My questions are:
(1)Does making low wages will deny my application? Wage is not a criterion for my EB2 category because; I have Masters (also req’d for Job offered), A License to practice and Member of Professions.
(2)What are the documents I need to submit? Do I need to submit a letter from my CFO? What should the letter say? My Company has more than 100 employees and it is a major construction company.
(3)Is submitting just a 2005 audited financial statement (since my company postponed the tax filing date) will answer the RFE to DHS?

Thanks
MasterNYC
 
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