Laid off before 140 approval

I was able to have some communication with my previous employer and attorney. In one such conference call between the employer and attorney, attorney came up with the possibility of company responsding on "ability to pay" (one of the RFE's) primarily asking for company's 2003 tax return, by an intent to emply and join back my previous employer. This to me, seems to be a planned strategy between the employer and attorney.

Has anyone in this forum, come across an instance (like mine - laid off before 140 approval) and got an RFE on "Ability to Pay"? Is intent to employ/work the only way how an employer can respond to this? If that is the only way ahead - what the pros an cons of not joining the company back after cetting the GC?
 
Top