Providing paystub as document is to prove the "Ability to pay" for the employer and it's not the only choice. You can also prove that in other ways as follows:GannyMids said:Hi All,
My case is something like this, my future employer is using substitue labor for me and he is filing for I-140/485 concurrently as he won't be able to file after dec 31st (labor is for EB3) as I am not currently working for him so he don't have any pay stubs to attach while filing above mentioned.
I have couple of question in regards to same:
1) Is it mandetory to provide Pay stubs while filing I-140 or it's better to have it ?
2) Can INS just deny blindly based on not providing the pay stubs at the time
of filing or INS will send a RFE asking them to provide pay stubs.
3) Lastly Is it uncommon not to provide pay stubs while filing for I-140.
Thank you so much for your time.
There are four ways that ability to pay can be met:
1) For companies employing over 100 employees – A statement from a CFO that the company has the ability to pay the proferred wage will be sufficient.
Following conditions need to be met from priority date (date of the filing of labor with State Agency) to final adjudication of 485/greencard
2) If employee is getting paid at least the proferred wage (paystub document is necessary to show this)
If the employee is not getting paid the proferred wage
3) If the net income of the petitioner (employer) is greater then the difference in the proferred wage and actual wages
4) If the current assets – current liabilities is greater then the difference in the proferred wage and actual wage
If any of the above four criteria is met then the 140 shall get approved.
source: http://boards.immigrationportal.com/showpost.php?p=863345&postcount=1