RFE ability to pay wage confusion.

[racs_12]

I recently got an RFE which requires us to present "Company's ability to pay wage" documents.

I was working with employer X who filed the I-485 and after an year I got laid off, so after a while on EAD I joined Employer Y in Florida but my family is still in CA(mainaining CA address).
Now my attorney says that for employer Y since "their ordinary income for 2001 was somewhat low, and unfortunately we do not know to what extent the BCIS is using ordinary income in their analysis of the company's ability to pay" to actually show Employer X's ability to pay wage . Is this the right thing to do, since according to me INS should be only interested in the present employer right??
Please provide me with some insight if anybody has gone through this and if my attorney is saying is right.

WAC-01-243-52XXX.
ND - july 27,2001 .
RD - May 23,2001 .
RFE issued : Jan 28 2002.

racs_12

 

[Cheekoo]

Try

Try to gather information about AC21 and see if it applies in your case.

In my opinion, if AC21 applies to you, and the change of employer is ok... the difference in your salary, must be lower than the previous one, as the economy is helping .. should be okie .

however, cud be kind enough to type " EXACT " words you got in the BCIS letter ... Plzzzzzzzz

 

[jaxen]

Hope U will get more responses

Attorney is taking the wrong route. It will be better to prove out that company Y's job is similar and you are getting the promised wage.
If U are not getting the promised wage or nearer( a few percentage up or below is okay) then may be lawyer's method might resolve this. If you can get company X's docs to prove that you are still in line for a job from them as promised in LC/140 then you are fine.
For now that is. you have to join X after approval though... to keep your citizenship or GC renewal in 10 yrs...