RFE on May 2004 I-140

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vibrant

Registered Users (C)
My Lawyer sent me an e-mail this morning that, I got An RFE on my I-140. No change in Online Status on this Application, still says we have received bla bla...

EB3 (PD - 08/13/2002)
I140 - RD 05/11/2004 RFE on 02/26/2005(Ability to Pay, Asked for Companyfinancial for the year 2004)
FP - Received On 02/28/2005, Schedulled on 03/17 (Not yet for Wife)
I485 RD- 08/16/2004
 
Looks like those pending cases of May are getting RFE's. I am next in Queue. May 17th is my RD.

All the best to you.
 
My RFE is on "ability to pay". they asked for the company financials details for the year-2004.
 
vibrant,
sorry abt the rfe...

how do u plan to address it ?
i mean the Co may not have filed the 2004 tax return yet ?
if they file bye apr 16 how do u plan to sed the respsonse in time ?

good luck
battered
 
batterd,
You are right. really bad luck and bad timing. Just now i was talking to my company.. they usually do the company audit end of June or July. I have to respond before May 14th. Dont know what to do.. Need to check with the accountant to see if they can do something for me?
 
I-140 / RFE / Ability to Pay

Hello vibrant:

I am in the same boat as you are. I received a RFE for 1. Ability to Pay & 2. Educational Credentials.

Since our company would not file the 2004 tax return before July this year, I asked our CPA to issue Financial Statements (balance sheet & income statement). They have signed these two documents and I hope it would suffice when submitting them to USCIS.

TSC / EB3
PD: September 2003
I-131: AD June 29, 2004 / LUD January 18, 2005
I-765: AD August 06, 2004 / LUD January 18, 2005
I-140: RD May 27, 2004 / LUD February 17, 2005
I-485: RD May 27, 2004 / LUD June 02, 2004
No FP yet
 
vibrant and others:
FYI: ability to pay can be proved by numerous ways:

1. company's profits (Co's tax returns need for that)
2. company's assets more than liabilites

ofcourse in above cases the net balance shud be more than ur annual wage

3. if u r already making the pay stated in the LC then it also proves co's ability to pay. (ur W2s needed for that)


so even if ur company hasnt filed the tax returns yet ask ur attorney if he can take advantage of the other two methods....as suggested by To_....., filing a statment from company CA/fin. officer can suffice but i think they are looking for asset to liability ratio mainly....


good luck....

battered
 
I am in the same boat.

thanks battered.
Here is the regulation. Watch the bold letters

(2) Ability of prospective employer to pay wage. Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.
 
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Did any of you guys who got RFE on ability to pay, sent the reply to RFE? My Employer is telling me that, to prepare the company audited financial statement for 2004, will take 10 weeks ?? Is it Normal ?? Can any one please let me know?
 
I am in the same boat. But my employer is trying to make P&L accounts estimates in 10 days. Then company CPA is going to certify that. Besides i am attaching my W2 and a strong covering letter from attorney which tries to justify my W2 and P&L estimates.
 
Company's ability to pay

Maybe the processing times for financial statements depend on the size of the company? Our CPA firm prepared the statements within 5 days. I must mention that we are very small (less than 10 employees).
I submitted these financials, along with my W2's for the past two years to my lawyer who took 3 days to send it out to the USCIS.
I just got an email this afternoon from USCIS stating that they have received the Request for Evidence today. So, now I can just wait and see...
 
Tomark. Are your financial figures final or estimates ? Irrespective of these statements do you think our W2 will get approved. I think we are prepare these company statements just coz they are asking, W2 should do fine...isn't it ?
 
Dear rawjuice:
Our financial figures are just estimates. I could imagine that the USCIS would approve your I-140 if you submit the W2's only.

Maybe your approval also depends if you are getting paid appropriately and if everything else looks ok. Who knows with USCIS?
 
Thanks a lot Tomark.
I am also submitting the estimates this week along with W2. Let's cross our fingures. Keep me posted about your status, i will do the same.
 
I-140 approved!

Dear rawjuice:

I received today the magic email that my I-140 has been approved on March 16, 2005! It took TSC only 2 days to approve my I-140 after receiving the Request for Evidence!
 
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