Please Help to reply I- 140 Rfe, ability to pay

sts_seeker

Registered Users (C)
Dear all experts,
I desperately need your expert suggestions regarding my I140-RFE about company's ability to pay. My case is EB3, PD-April2003,Original Labor.
I submited 03, 04 tax returns and 2006 9 months company's balance sheet.
Rfe says that
"Your 2004 tax return showed loss of 275k and you have showing liabilities of 2 million while at that poing cash in hand was about 20k. So the company's ability to pay is extremely questionable and I have given 12 weeks to answer. ALso submit tax return of 2005. I found out the '05 tax returns also show losses".

My W-2 salary in '03 shows 5k less than ALC salary.
I took medical leave in 2004 and till april of 05. After that I have been paid the salary stated on ALC till this date.


Seems like the main problem for USCIS to the liability of the company which is about 2 mil. Total asset is about $1.8 mil.

Questions:
1) Our Company's accountant said he will put those liability as a "long-term" liability. I don't know how that will help?
2) I was suggested to hire an independent CPA and get his expert opinion letter saying that "this company is financially viable to pay my salary after I get my PR"? What are the basis for him to prove that?

3) Please suggest what can be done to reply this RFE?
thanks a lot
Sts_seeker
 
Please Suggest

Hi,
Thanks you for the info. Well I read the forum that you suggested but couldnot find anything on "Expert opinion letter from CPA" to respond to the company's ability to pay. Would you have any idea how the CPA letter should adress this issue?
Thanks
sts_seeker
 
Hi,
Thanks you for the info. Well I read the forum that you suggested but couldnot find anything on "Expert opinion letter from CPA" to respond to the company's ability to pay. Would you have any idea how the CPA letter should adress this issue?
Thanks
sts_seeker

It is not like a CPA can give a letter saying he has examined the company finances and it has ability to pay. CPA need to show the actual analysis to USCIS how company is able to meet the A2P. FYI: My reply was more than 100 pages, including supporting documents.

There are numerous examples of how CPA letter should address these issues in the A2P thread. Just as an example:
http://www.immigrationportal.com/showpost.php?p=1088611&postcount=1554

If you need to hire a CPA, UnitedNations is the best. He is very busy though, so see if you can talk to him. His contact details are in the thread itself, look for Jan/Feb 2007 postings.
 
Thanks for help

Hello Mr Eric,
I really appreciate that you took your time to post in this forum to help me out. I could not find contact info for United nations here so if you know his contact info please let me know in my email below.
Also you said your reply contained more than 100 pages for RFE, what was the main concern USCIS had in your RFE regarding ability to pay? I was wondering if I can discuss more about this issue with you in email or phone that would be great because I have been stressing out a lot because of this situation. My email address is dpksubedi@gmail.com.
Thanks again
sts_seeker
 
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