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Rfe 140-EB2, RD:April 23,2003
- Thread starter NeelBuddy
- Start date
if RFE is about 'Ability to Pay'
Rajum,
I'm waiting for my RFE.
If RFE is about company's 'ability to pay'
How can I (my attorney) better answer this query.
My situation is like this:
I'm workig for a small company (5+ yr old) with 40+ employees.
This company is in profits (not huge profits though) all the time.
This company has recruted new employees recently.
My LC sal was 60k. My company pays 70% of billing rate and some times I get less salary depending on the client billing rate.
All my pay stubs do not show a consistent salary figure.
I used to get better salary when the billing was good. But now
I get salary less than LC mentioned salary(20k less).
I'm still on H1 (not received my EAD yet, still waiting). If GC is for a future job then how can I answere the RFE (company's ability to pay) , what are the points I should hightlite in the response to RFE.
Any inputs greatly appreciated, Thank you.
Rajum,
I'm waiting for my RFE.
If RFE is about company's 'ability to pay'
How can I (my attorney) better answer this query.
My situation is like this:
I'm workig for a small company (5+ yr old) with 40+ employees.
This company is in profits (not huge profits though) all the time.
This company has recruted new employees recently.
My LC sal was 60k. My company pays 70% of billing rate and some times I get less salary depending on the client billing rate.
All my pay stubs do not show a consistent salary figure.
I used to get better salary when the billing was good. But now
I get salary less than LC mentioned salary(20k less).
I'm still on H1 (not received my EAD yet, still waiting). If GC is for a future job then how can I answere the RFE (company's ability to pay) , what are the points I should hightlite in the response to RFE.
Any inputs greatly appreciated, Thank you.
Current Net Asset ?
Rajum,
Thank you for your prompt answer/input.
What is Current Net Asset and how to caculate it.
I do not have any confidence in my attorney. I don't want to depend on him/her and screw my self.
I want to prepare the letter/response for the query and finally my attorney will sign it and send it.
Thank you,
Rajum,
Thank you for your prompt answer/input.
What is Current Net Asset and how to caculate it.
I do not have any confidence in my attorney. I don't want to depend on him/her and screw my self.
I want to prepare the letter/response for the query and finally my attorney will sign it and send it.
Thank you,
Re: ability to pay
Raju,
I am reading your posts since many days.
I am in touch with this portal since two years. I have seen very few cases rejected on the bases of companies ability to pay. Until recently this number was none. This is a new phenomena. Company with 40 employees is good to go. When I got approval of I-140 it was in bankruptcy and It was on every major news channel. In that we had layoffs. Even I was laid off before my I-140 approval.
Most of the cases from this company got approved without RFE. Around four cases got approval after RFE. Two cases got approval after initial denial.
I remember you writing your company is financially OK. So what i think is either your company is screwing up purposefully or Attorney is not competent enough. I know some companies goof up the cases so as to keep you in the bay forever. Hope that is not the case.
If your company allows you hire a good attorney like Sheela Murthy or Rajeev. It really helps. I think your case should not be rejected.
All the best.
Originally posted by rajudm
Your attorney should do a professional job in addressing the RFE. He/she should highlight the 'Net Current Asset' of the company. Profit/Loss is not the only criteria.
Raju,
I am reading your posts since many days.
I am in touch with this portal since two years. I have seen very few cases rejected on the bases of companies ability to pay. Until recently this number was none. This is a new phenomena. Company with 40 employees is good to go. When I got approval of I-140 it was in bankruptcy and It was on every major news channel. In that we had layoffs. Even I was laid off before my I-140 approval.
Most of the cases from this company got approved without RFE. Around four cases got approval after RFE. Two cases got approval after initial denial.
I remember you writing your company is financially OK. So what i think is either your company is screwing up purposefully or Attorney is not competent enough. I know some companies goof up the cases so as to keep you in the bay forever. Hope that is not the case.
If your company allows you hire a good attorney like Sheela Murthy or Rajeev. It really helps. I think your case should not be rejected.
All the best.
tammy2
Thank you for encouraging words.
Our attorney doesn't know GC process, period. I am changing my attorney for responding to RFE. Mine is a future GC sponsored by company B, currently I am on company A's payroll. Company B showed liabilities for last two years ( 2002 and 2003 ). My labor was filed in July 2002.
A typical RFE would be 'show that you had ability to pay the proferred wages from the date priority date was established to current, and in to future'. Company B doesn't have assets (building and equipments) other than consultants. Wouldn't this lead to no 'Net Current Assets'?
I am trying to address the issue by third party contracts, but I am not sure how much weightage does it carry when I am not on their payroll in the past.
I hope the adjudicator considers my education credentials ( 2 Masters and a Phd) in EB2 RIR and approve without company related RFE. That is my best bet. On top of this, my H1 extension is still pending (oct 8th RD). I have to visit India to see my mother (father expired in Nov last year). It has been an emotional ride with USCIS whims and fancies.
Thank you for encouraging words.
Our attorney doesn't know GC process, period. I am changing my attorney for responding to RFE. Mine is a future GC sponsored by company B, currently I am on company A's payroll. Company B showed liabilities for last two years ( 2002 and 2003 ). My labor was filed in July 2002.
A typical RFE would be 'show that you had ability to pay the proferred wages from the date priority date was established to current, and in to future'. Company B doesn't have assets (building and equipments) other than consultants. Wouldn't this lead to no 'Net Current Assets'?
I am trying to address the issue by third party contracts, but I am not sure how much weightage does it carry when I am not on their payroll in the past.
I hope the adjudicator considers my education credentials ( 2 Masters and a Phd) in EB2 RIR and approve without company related RFE. That is my best bet. On top of this, my H1 extension is still pending (oct 8th RD). I have to visit India to see my mother (father expired in Nov last year). It has been an emotional ride with USCIS whims and fancies.
Net Current Asset ?
"A typical RFE would be 'show that you had ability to pay the proferred wages from the date priority date was established to current, and in to future'. Company B doesn't have assets (building and equipments) other than consultants. Wouldn't this lead to no 'Net Current Assets'? "
Rajum,
Can a CPA/Accountant calculate the 'Net Current Asset' and certify that ? If we specify 'Net Current Asset' , what are the proffs we have to show ? or a certification from an accountant would suffice ?
Can we mention the following points in the response to RFE:
Please let me know how better elobarate these points or any other points.
1. How much cash (an average) the company has in his bank account.
2. How much revenue (before profits) it is generating every year
and the increased revenue every year. ( showing numbers year by year).
3. New recruitments.
Thank you.
"A typical RFE would be 'show that you had ability to pay the proferred wages from the date priority date was established to current, and in to future'. Company B doesn't have assets (building and equipments) other than consultants. Wouldn't this lead to no 'Net Current Assets'? "
Rajum,
Can a CPA/Accountant calculate the 'Net Current Asset' and certify that ? If we specify 'Net Current Asset' , what are the proffs we have to show ? or a certification from an accountant would suffice ?
Can we mention the following points in the response to RFE:
Please let me know how better elobarate these points or any other points.
1. How much cash (an average) the company has in his bank account.
2. How much revenue (before profits) it is generating every year
and the increased revenue every year. ( showing numbers year by year).
3. New recruitments.
Thank you.