Re: Aos

[adventurist]

I am a TN holder and have a pending I-140/ I-485 but I am afraid USCIS might deny the application because my employer has incurred 5 million dollars in porfit loss. Although when the company filed for my LCA years back, the proffered wage has been religiously paid to me. As a matter of fact, every year they give all employees salary increase, and obviously I am now earning more than the proffered wage. The company’s net income and net current assets exceed the proffered wage, which I think very importont records in evaluating "ability to Pay". I don't know whether to proceed with it or withdraw altogether the application.

Does anybody in this forum who was in similar circumstance but finally had a favorable I-140 decision?

I would appreciate whatever information you can provide me. Thank you.

 

[TheRealCanadian]

I am a TN holder and have a pending I-140/ I-485 but I am afraid USCIS might deny the application because my employer has incurred 5 million dollars in porfit loss. Although when the company filed for my LCA years back, the proffered wage has been religiously paid to me.

According to USCIS' own ajudication guidelines, if your employer has over 100 employees or is already paying you the proferred wage, it is automatically assumed to be able to pay.

 

[nelsona]

Ability to pay has nothing to do with the profitability of the company.

 

[adventurist]

Re:aos

As always, thanks a lot ReaCanadian and Nelsona for your prompt response and information.