Need an expert advice on Filing I140.

game4GC

New Member
I am in a process of porting EB3 (PD 11/2004) to EB2. EB2 PERM is approved in the month of Dec 2010. My lawyer is preparing the documentation for I 140. We are planning to file it in Premium processing. all is well but today my employer came to me and said that there will be a wage difference between prevailing wage and actual earned wage as I joined in this company on in the month of June 2010 using EAD (EB3 140 is approved on Oct 31 2007 and 485 is pending since then). The difference wage is around 30K.

As per the above reason lawyer/employer suggested that its better to wait until filing the company 2010 tax returns which MAY happen in the month of March/April 2011. So my questions are

1) Is it ok to file with last years company tax returns?
2) If I decided to file now can I ask my employer to attach the company bank statements from June to Dec. Will this avoid any A2P RFE.
3) What are the possible options to avoid RFE? or
4) Is it better to wait until employer filing the company tax returns?

Experts advice is highly appreciated!

Thanks in advance.
 
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