Received RFE….Desperately need help!!!
Just received a RFE on my I-485 (through employment) and I urgently need some advise.
Here’s my story in a nutshell:
In January 2000 started to work for company A on H1-B. Then the A company merged into B company and I got a new H1-B on B (just 10 employees) company in May 2000. Also in May 2000 they started my green card application(LC). So, now the B company is my green card sponsor (applied for I-485 on May 2001), and I’m working for the B company on the H1-B visa (currently I’m still working for them).
Issue1: My salary for the past 2 year was $ 55,000 (it is shown on my W2’s obviously). On my LC and I-140 my salary is $85,000. From March 2002 (two moths ago) my salary is $83,200/year…so very close.
Question1: Since the RFE is requesting for my last 3 payrolls and last two years W2 form….we’ll be a problem with my salary when they see that only from March 2002 I’m being paid the LC salary????…Can my I-485 application can be denied for this reason??
Issue2: The RFE also asks for “evidence of the petitioner’s ability to pay salary since May 2000 (tax return, audited financial information etc.)” Unfortunately, our company income statement for 2000 shows revenues 2,5 milions and $800,000 loss….pretty much the same for 2001…there were some layoffs…but they kept me and other 10 programmers…Two months ago we raised 1.5 millions and our future, as a company, seems pretty good.
Question2: Do I have a chance to get approved on my I-485 with these numbers?? Also my company cannot afford to pay a CPA right now for an audited financial statement…So probably just our CFO we’ll sign the income statement??? Is this OK?? We have under 100 employees…..What can I do in order to get my I-485 approved???
Thank you for your time. Please respond.