RFE for I-140 - Notice Date Jan.30th
Folks,
Its been quite a white for me to update my status. Yesterday, I received a message from my lawyer and it seems that I have got RFE for my I-140 and all the processing for I-485/AP/EAD are stopped till we reply to this RFE. The RFE has 2 issues addressed viz., the first issue is my Education Credential Evaluation. I submitted my Education Credentials, but the lawyer has missed the second page where Evaluator has to state his own credentials. We are again Evaluating my Credentials and hopefully it will be ready so that we can submit it soon.
The second issue is the ‘Ability to Pay’ issue where my worst fears came true. We sent a letter from CFO certifying the ‘Ability to Pay’. However the BCIS has sent an RFE as :
“Submit additional evidence to establish that the employer had the ability to pay the proffered salary of $XXXXX per as of XXX, the date of filing and continuing to the present.
The record indicates that you have employed with the beneficiary since Jan. 2001. Please submit a copy of the 2001 and 2002 form W-2 issued to the beneficiary to show how much was paid by your company.
As an alternative, you may submit any of the following types of evidence :
· A statement from a financial officer of the company which establishes ability to pay the wage
· The 2001 US federal corporate income tax returns, with all schedules and attachments for your business
· Annual reports for 2001, which are accompanied by audited financial statements”
I have already submitted the one alternative ‘Certification of Ability to Pay’ by our company CFO. Now, I am in deep trouble as my W-2 for year 2002 shows less salary due to market downturn and for year 2001, it’s ok. My company is also not doing well and is in Red.
I don’t know how to handle this issue. Did anyone received an RFE like the above? What are you guys going to do to solve this issue.
Thanks in advance for your help!
Regards, LILUS