RFE issued.

R

Rustam

Registered Users (C)
My case is EB-3.

I received the copy of the RFE today. USCIS is asking for the capability of the owner to pay the profered wage or salary.

They need the Federal income tax return of the company and my W-2 for year 2003.

The problem is that I worked only 10 months last year.

So, the wages shown on the W-2 will be less then whatever is specified in the labor certification forms.

But, I have all the pay stubs for 10 months.

Please discuss, if it will be a problem.

thanks.
 
2 month in a year can be a reasonable duration to be on vacation,isn't?, can't u produce vacation application or letter to them if they need to ?

also if labor says 50k as annual salary and u worked for 10 months as u were on vacation for 12 months would not they consider as a logical situation.

would wait for ur thoughts on this.

-manoj
 
During my application for 140/485/765/131 my pay was lower than what labor approval. but my employer attached letter stating: My salary will be xxx(labor amount) when my adjustment of status approves.

That was also my attorney recommand.
 
Thanks for everybody advice.

I talked to my lawyer's office. The lady over there told me to send all the papers what we have. They will try to take care of it.

By the way, In year 2002, my W-2 from the same company shows the amount paid more then the profered wages.

Another hitch, last year our company did not make profit. I hope it will not be a concern to USCIS.

Please advice.

thanks.
 
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