Please help: 140 can be approved/denied.

[baby_mde]

My employer is paying as promised in the LCA of H1B, i.e 48,000 per year. In labor certificate of the GC it is 70,000 per year.

When we apply for I-140 with pay stubs that show 48000 per year, will USCIS deny my 140.

Please help

 

[to_be_lucky]

My employer is paying as promised in the LCA of H1B, i.e 48,000 per year. In labor certificate of the GC it is 70,000 per year.

When we apply for I-140 with pay stubs that show 48000 per year, will USCIS deny my 140.

Please help

The salary in the labor certificate of the GC is for future employement. You need to worry only if the H1-B figures don't match with your W2 or say your salary is much lower than what is promised in your H1-B.

I am sure if your figures match then you need'nt worry and just wait & hear from gurus in this forum. This is just my view.

 

[eBhola]

Ablility to Pay

Yes there might be problem if Ur company is small and a new one.

The year the labor was filed -- Ur company profit should be such that they can pay U the higher wages.

Take the tax returns of the company and salary of all the employer plus all other expense of the company to the attorney and he will help U out with it.

They do a simple math :-

NetIncome -( NetSalary + Net Expense) > $22,000
( Well they take into account the asset etc and may become more complex)

If not U may get RFE- ' Ablility to Pay'.

Look for all the posts by unitedNations regarding this issue.. There are many atricles about this in NSC 140. If you are filing @NSC then they are quite strict about it...

Hope that helps