Please Help:RFE on ability to pay

gc_prisoner

New Member
Hi,
I just got a RFE on my I-140. Problem is it's a LC substitution, but my salary is less than the original applier. What should I do? Can I get denied?

Thanks
 
gc_prisoner said:
Hi,
I just got a RFE on my I-140. Problem is it's a LC substitution, but my salary is less than the original applier. What should I do? Can I get denied?

Thanks
The only BEST WAY, no other alternatives, show lesser # of hours.
 
Ability to pay -- you can overcome it with 3 way rule.
1) If you have been paid proferred wage from the day labor application was received in state office(SESA). You can combine your salary and the original applicant's salary if you both were working for the same company in that period.
2)If your company profits at least match with the amount that was deficiant (Proferred wage - actual wage) for each year
3)If your company's ('Net current Assests' - 'Net current liabilities') amount match with the amount that was deficiant (Proferred wage - actual wage) for each year.

There is an expert in this forum. He is Unitednations. Your read all of his posts to get a better view of the issue and remedies. You can send him an email too.

Best of luck.

gc_prisoner said:
Hi,
I just got a RFE on my I-140. Problem is it's a LC substitution, but my salary is less than the original applier. What should I do? Can I get denied?

Thanks
 
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