sandeep_mathur
New Member
Today I received an RFE for my I-140 with subst labor. The RFE is for Ability to pay.
It states that
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Provide evidence of petitioners ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and contiuing until the beneficiary obtains lawful permanent residence. Evidence of this ability to pay shall be either in the form of copies of annual reports, federal tax returns or audited financial statements.
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My situation
(a) I have been working for the same company right from the application date of the labor which I am using. (I am with this company for 4 years)
(b) My pay is about 25k less than the offered wage in labor cert.
(c)Since I have some pre tax deductions my W2 is lesser than my salary (salary - pre tax deductions = W2 figure). So W2 figure is 35k less than the labor salary
(d) My company made loss for 2 of the years and made small profit for other years.
My questions are
1. Is this case approvable based on the above facts?
2. Do we have to prove the ability to pay for whole labor pay or for diff between my pay and labor pay?
3. What is my pay for the calculations? My actual pay as per pay stub(before pre tax deductions) or W2 pay (lesser than my pay due to pre tax deductions)
4. I read a memo that said that if net income is not sufficient then it is approvable if current net assests should be greater then the offered wage. What does the Current mean? Does it mean that if my company in today's date has more assets then it is approvable? or net assets have to be sufficient for each and every year from date of labor?
5. Can we mix & match different proof for different years? for example for year 1 income is > offered wage, year 2 net asset is > offered wage.
6. If for a particular year neither asset nor income is > then offered wage then is there any way out ? (My company for sure wont ammend tax returns for me)
7. Once we submit these and if these are OK are there chances that IN issues another RFE for different subject like my education etc? To be more clear does INS go through complete form and issue RFE for all required information OR once they are satisfied with one thing then they issue RFE for other stuff?
8. Is there a way for me to bring this post to UnitedNation's attention?
Thanks and God bless you
It states that
=========
Provide evidence of petitioners ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and contiuing until the beneficiary obtains lawful permanent residence. Evidence of this ability to pay shall be either in the form of copies of annual reports, federal tax returns or audited financial statements.
=========
My situation
(a) I have been working for the same company right from the application date of the labor which I am using. (I am with this company for 4 years)
(b) My pay is about 25k less than the offered wage in labor cert.
(c)Since I have some pre tax deductions my W2 is lesser than my salary (salary - pre tax deductions = W2 figure). So W2 figure is 35k less than the labor salary
(d) My company made loss for 2 of the years and made small profit for other years.
My questions are
1. Is this case approvable based on the above facts?
2. Do we have to prove the ability to pay for whole labor pay or for diff between my pay and labor pay?
3. What is my pay for the calculations? My actual pay as per pay stub(before pre tax deductions) or W2 pay (lesser than my pay due to pre tax deductions)
4. I read a memo that said that if net income is not sufficient then it is approvable if current net assests should be greater then the offered wage. What does the Current mean? Does it mean that if my company in today's date has more assets then it is approvable? or net assets have to be sufficient for each and every year from date of labor?
5. Can we mix & match different proof for different years? for example for year 1 income is > offered wage, year 2 net asset is > offered wage.
6. If for a particular year neither asset nor income is > then offered wage then is there any way out ? (My company for sure wont ammend tax returns for me)
7. Once we submit these and if these are OK are there chances that IN issues another RFE for different subject like my education etc? To be more clear does INS go through complete form and issue RFE for all required information OR once they are satisfied with one thing then they issue RFE for other stuff?
8. Is there a way for me to bring this post to UnitedNation's attention?
Thanks and God bless you
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