I140 RFE please help

eshwer

Registered Users (C)
Hi recieved rfe to submit w2 for 03/4 and paychecks for the current year.On 03 I have around 13k less than the lca.DOes this result in getting my I140 denied.Please give input

thanks,
eshwer
 
thanks for the quick response.The diff of 13k is in 2003 does it effect anything.The w2 of 2004 is just good.Please let me know
 
JustGC007 said:
it won't affect

Can you explain how you are so categorical in stating that 13 K difference will not matter?
I think it will matter, but as long as he can show that his company has the ability to pay him when GC is approved he shoul dbe fine. If company shows loss and the gap is huge then it is asking for trouble IMO.
 
eshwer said:
Hi recieved rfe to submit w2 for 03/4 and paychecks for the current year.On 03 I have around 13k less than the lca.DOes this result in getting my I140 denied.Please give input

thanks,
eshwer

What is the Gap in 04?
Since GC is for future job, if you are not paid the wage stated in Labor during 140 stage and if an rfe is issued to prove the same, you just have to show that the company has profits/free cash flow (i'm not very sure about the terms) in 03, 04 to prove they can pay the candidate the promised wage at GC approval. There is a thread on ability to pay created by user unitednations in this forum. Search for that for more insight. Good luck.
 
sriram the 2004 w2 is just fine.I don't have any gap in 2004..please advice

thanks,
eshwer
 
Then it shoud be fine as your attorney can prove that the pay has increased to be close enough to the sal in the labor. You should be fine.
 
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