Need help on I-140 RFE (confused what to do?)

S

shekarpc

Registered Users (C)
Hi Gurus
Need help on my friend I-140 RFE
My friend received RFE on I-140 (applied in CALIFORNIA Region)
Documents they are asking
--> Last 5 years of TAX returns and last 5 pay stubs.
--> Company Financial documents
--> 60 K in my Labour but they mentioned he should able to earn 72K.


my friend company Financial Status
2002 year shows as PROFIT in Tax returns
2003 year they filed last month by getting extension and they showned as LOSS company waiting for the Documents which they Filed, may be it may take another 1 month to get those documents which they applied for 2003 year.


When my friend asked for the company Manager (DESI Company). they said wait until to get the Documents which they filed recently and then submit all papers at a time..


? what is the impact if i submit the documents which shows that company is in LOSS for 2003 year
? should i wait until the documents comes or should i send the documents with company 2002 Fianancial documents
? what to do with Salary they are aksing for 72K

Need your great suggestions please.



Thanks
Shekar PC
 
shekarpc said:
Hi Gurus
Need help on my friend I-140 RFE
My friend received RFE on I-140 (applied in CALIFORNIA Region)
Documents they are asking
--> Last 5 years of TAX returns and last 5 pay stubs.
--> Company Financial documents
--> 60 K in my Labour but they mentioned he should able to earn 72K.


my friend company Financial Status
2002 year shows as PROFIT in Tax returns
2003 year they filed last month by getting extension and they showned as LOSS company waiting for the Documents which they Filed, may be it may take another 1 month to get those documents which they applied for 2003 year.


When my friend asked for the company Manager (DESI Company). they said wait until to get the Documents which they filed recently and then submit all papers at a time..


? what is the impact if i submit the documents which shows that company is in LOSS for 2003 year
? should i wait until the documents comes or should i send the documents with company 2002 Fianancial documents
? what to do with Salary they are aksing for 72K

Need your great suggestions please.



Thanks
Shekar PC
Click to expand...

So you were paid $60K and they say the proferred wage should be $72K? If this is the case, then they want the company to make up the other $12K in either profit (which you can't) or current net assets. Since you don't have a tax return do they have an audited financial statement or annual report? If they don't have that you're stuck with submitting bank statements or other collateral information which will try to prove that the company has sufficient liquidity to pay the $12K difference. The RFEs typically provide 90 days to respond so 1 month delay is going to be ok. If they think that the net current assets aren't going to be sufficient to show $12K then get them to get the bank statements handy to also submit. For an exhaustive background on ability to pay look up the sticky thread in Vermont 140.
 
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