RFE for I140

P

PaulK

Registered Users (C)
I finally received the RFE in the mail(my lawyer got it today).It took 11 days!!!!
Here it is:
“ 1. Submit additional evidence to establish that you had the financial ability to pay offered wage of $xx xxx per year as of May 2,200(my LC was filled),and continue to have such ability. Such evidence may include audited profit/loss statements, bank account records, and/or personnel records.

2. Submit a complete copy of your corporate tax return for the year 2001

3. Submit a complete copy of your corporate tax return for the year 2002,if it is available

4.Part V of the labor certification indicates the alien has been employed by your organization beginning in September of 2001 and continuing to the present. Submit a copy of W-2 Wage and Tax Statement and/or 1099-Misc Miscellaneous Tax Form issued by your organization to the alien for the years 2002 and 2002.”

My company has filed loss for 2001 and 2002. I really don’t know if INS will approve my I140.My lawyer says we need to send W-2 for the 2 years and the Tax Return for 2001.
Any suggestions? Anyone in the same situation?
and continue to have such ability
 
I have got the similar type of RFE as well

1.Asking company to provide the evidence that it had and continue to have the ability to pay the offered wages (mentioned in the LCA),and asking to provide latest annual report of the company,US tax returns ,and may be P/L statement . Since my company showed the net operation loss for the previous 3 years.

2.And asking to provide my W-2 and latest pay stubs.Since I always got paid on time so have all the necesary proof in the form of my pay-stubs and w-2 ,I have provided the information to my lawyer.And hope he will be able to provide the justice to the case.

I guess the best thing in your case will be to provide your pay stubs and your w-2 (which will reflect your offered wage), and ask your company to provide the related financial information.

My lawyer responded the RFE on 14th Feb,2003 along with the following documents:

1.My pay stubs (most recent ones ) and few very old ones(paystubs received when I just joined the company).

2.My w-2 for the previous 2 years.

3.My company recently megered with a different company.Which has a soild bank balance.He has provided the new company's statment as well,which reflect a very good figure on the papers.

4.And all the asked documents in the RFE related to the company.
I don't remember now off my head,will look into the letter which my attorney has sent describing what all documents he has submitted.

I spoke with my attorney and he told me that these are very standard and regular RFE,and get cleared if you provided all thge documents requested.
SO,i guess you should just be fine.

Good luck and let me know if you need any more information.I know its very distrubing to get these RFEs.

Have patience and believe in god.
Good luck.
 
I have got the similar type of RFE as well

1.Asking company to provide the evidence that it had and continue to have the ability to pay the offered wages (mentioned in the LCA),and asking to provide latest annual report of the company,US tax returns ,and may be P/L statement . My company can provide all the information requested.

2.And asking to provide my W-2 and latest pay stubs.
I have paystub for last 2 wks of dec 02 with paycheck issued in Jan 15th 03, so there is NO 2002 W-2 form with the present GC sponsed company.

Is anyone has similar problem?

RIR LC Received: May 9th, 2003
I-140/I-765/AP/I-485
RD: June 27th, 2003
ND: june 25th, 2003

I-140 RFE received: July 24th, 2003
 
Lakshmi0320

Hi Lakshmi0320

One of my friends had a similar problem. You can send the documents they need including last years W-2 but mention that at that time, you were not emploed with the the company who is sponsoring you for the GC.

Also, btw, your case seems to be moving fast. What category did you apply in?
 
Re: Lakshmi0320

HI GCSeeker76,

Thanks for the response.

Is that cause any problem if i mention that I am not employed with the company when GC was filed??

Applied in EB2 categary.
 
Hi GCSeeker76

GC Sponsor Company applied for my H-1 transfer in Nov '02 and got the H-1 receipt# in Dec '02, so have my payperiod from the middle of dec '02, but received 1st paycheck in jan '03 with current company. That's why there is no W-2 form with the present GC sponsed company.

Did your freind who has similar I-140 RFE has got approved??
 
yes he did.

But you can send copies of the pay checks spread over the year.
What does your lawyer say about it?
 
GCSeeker76,

Yes, My attorney is doing the same thing as you described.

In the previous response you mentioned that "One of my friends had a similar problem.", May I know what he/she did??
 
RFE

Hi ,
The online case status indicates that the center needs additional information on my i-140 , and that they have mailed the requirements for details on august 8th .

SO
* do i get the letter to my residence or does my company/attorney gets it ?
* could that be related to any thing on my accemdemic/DOB certificate/past emplyement details ? (in other words , what are i-140 RFEs generarlly related to ....)

I did not recieve the letter yet , nor did i call the attorney , thus i am little tensed .

What should i do .... ?

Please guide me .

Thanks
 
Hi, Lakshmi0320 , PaulK, dolly75
Could u update us about your I140 status.
As I am also in same boat, Got RFE about company Financial ability to pay and company showed losses in 2001 and 2002, but I have all paystubbs which are well above LCA stated wages.

I am just trying to know what happened to earliear cases like this.
If any body has got approval in such case please let us know..

Thanks in advance.
 
lxs,

I had my I-140 approved back in April. My lawyer prepared 6 pages long letter explaining the financial situation of the company. We had loss two years in a row. I work for a manufacturing company therefore the company has assets (machines) that would be paid over a certain period of time. Every year these assets are depreciated and that depreciation put together with the company's expenses made the company loss.
I think the major factor was my wage. I showed W-2 form for entire year showing that I was getting paid the wage that we stated in our I-140 petition.
Let me know if you have any more questions
 
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