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Rfe
- Thread starter parmpal
- Start date
In the www.ins.gov see Sec. 204.5 Petitions for employment-based immigrants.
One paragraph from that section...
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.
Hope this helps. What your lawyer says?
One paragraph from that section...
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.
Hope this helps. What your lawyer says?
why not!
HI Kaa,
If employer is not doing well, there is noting he is going to lose..
But as if INS determintes the employer is not in good financial state,
Don't you think it effects us ?
That's why many companies like Lucent stopped filling LC/485 sometime back..
I am scarred too.. My employer has 80-90 employees 2 years back.. 30-40 last year and less than 10 this year..
Typical consulting company..
Anyways, i wish the best for all of us this new year.
igc
HI Kaa,
If employer is not doing well, there is noting he is going to lose..
But as if INS determintes the employer is not in good financial state,
Don't you think it effects us ?
That's why many companies like Lucent stopped filling LC/485 sometime back..
I am scarred too.. My employer has 80-90 employees 2 years back.. 30-40 last year and less than 10 this year..
Typical consulting company..
Anyways, i wish the best for all of us this new year.
igc
Hi guys
I think I'm in the same situation, I checked online and the message states that I should get an RFE within 14 days, does any one know how long does it take the INS to process this RFE after they receive it. Also, I do have two other applications with the Same Processing Center, one for my wife i-824 and a renewal for my AP visa. Do you know if they are going to stop these two applications until they receive the RFE or not.
thanks in advance for your help.
I think I'm in the same situation, I checked online and the message states that I should get an RFE within 14 days, does any one know how long does it take the INS to process this RFE after they receive it. Also, I do have two other applications with the Same Processing Center, one for my wife i-824 and a renewal for my AP visa. Do you know if they are going to stop these two applications until they receive the RFE or not.
thanks in advance for your help.
But as if INS determines the employer is not in good financial state, don’t you think it affects us?
Yes, definitely it affects us, if employer is not doing well. This is parmpal employer has to prove now, He better should be in good financial state unless otherwise he wants to close down his company. This RFE is little bit time wasting because employer has to go through is balance sheet and bank record. This RFE complete focus on company’s balance sheet and Tax record. In my case my employer took lot of time to handle this RFE. My company’s situation is also same, initially 80/90 consultants then 40/50 now in between 20 to 25 but as long as they show the clean record then you should be fine with this RFE.
Yes, definitely it affects us, if employer is not doing well. This is parmpal employer has to prove now, He better should be in good financial state unless otherwise he wants to close down his company. This RFE is little bit time wasting because employer has to go through is balance sheet and bank record. This RFE complete focus on company’s balance sheet and Tax record. In my case my employer took lot of time to handle this RFE. My company’s situation is also same, initially 80/90 consultants then 40/50 now in between 20 to 25 but as long as they show the clean record then you should be fine with this RFE.
thank you very much each one of you for your response. My employer is in good financial state. I got two raises since my petition has been filed, I was wondering if my employer needs to indicate my current wage or my intial wage when I started working for them.thanks
Last edited by a moderator:
gheewalabhai888
Registered Users (C)
just a simple offer is enough
you do not need anything except any regular employment letter
that any american would get.
you do not need anything except any regular employment letter
that any american would get.
Hi All ,
I got exactly same RFE as PARAMPAL , even the wordings are exactly similar. In my case my employer told me that they have responded the RFE which states current position , and intention to keep me employed. But he said he cannot promise to INS that he will pay this proffered wage after approval of GC instead he truthfully stated that he will pay the Prevailing wages which is mentiond in LC. But for me the difference betwwen Prevailing wages and proferred wages is just 8K (Proffered wage what INS is asking is greater than what i earn right now). I am losing my sleep everyday to understand what exactly INS might do. I have scheduled an Attorney consultation tomorrow.
Please let me know if this salary problem effects my GC.Thanks
I got exactly same RFE as PARAMPAL , even the wordings are exactly similar. In my case my employer told me that they have responded the RFE which states current position , and intention to keep me employed. But he said he cannot promise to INS that he will pay this proffered wage after approval of GC instead he truthfully stated that he will pay the Prevailing wages which is mentiond in LC. But for me the difference betwwen Prevailing wages and proferred wages is just 8K (Proffered wage what INS is asking is greater than what i earn right now). I am losing my sleep everyday to understand what exactly INS might do. I have scheduled an Attorney consultation tomorrow.
Please let me know if this salary problem effects my GC.Thanks
parmpal
You did not mention if you received RFE at I-140 stage or I-485 stage. My understanding is, INS would never ask the employer at I-485 stage for proof of ability to pay wages as filed in the LC. That part is done at the I-140 stage itself. If the INS has send RFE asking for employer letter stating proferred wages, that means, it is asking for recent dated letter from the employer stating that it 'will' pay those wages as mentioned in the LC.
So it is not about proving the 'ability' to pay wages but the 'intention' to pay wages. I hope you understand the difference. All you need to do is ask your employer to provide a new letter again stating your position, duration of employment (optional), intention to continue hiring you and the willingness to pay the wages as per the terms and conditions specified in the labor, after you get the GC.
You did not mention if you received RFE at I-140 stage or I-485 stage. My understanding is, INS would never ask the employer at I-485 stage for proof of ability to pay wages as filed in the LC. That part is done at the I-140 stage itself. If the INS has send RFE asking for employer letter stating proferred wages, that means, it is asking for recent dated letter from the employer stating that it 'will' pay those wages as mentioned in the LC.
So it is not about proving the 'ability' to pay wages but the 'intention' to pay wages. I hope you understand the difference. All you need to do is ask your employer to provide a new letter again stating your position, duration of employment (optional), intention to continue hiring you and the willingness to pay the wages as per the terms and conditions specified in the labor, after you get the GC.
Hi GCCARD2002/PARAMPAL
Did you guys hear these kind of Proffered wage RFE before, if so did the guys get approval ? I am not understanding whether normal employment letter like what GCCARD2002 stated is enough or do we need to worry about Proffered wage which my lead to intent to Denail?
Did you guys hear these kind of Proffered wage RFE before, if so did the guys get approval ? I am not understanding whether normal employment letter like what GCCARD2002 stated is enough or do we need to worry about Proffered wage which my lead to intent to Denail?
same RFE - sent employment letter
guys, i got the same rfe - my employer sent a letter with my current title, salary, and intention to keep me employed.
in fact the wordings are also the same. you need a standard employment letter.
hope that helps. still waiting for approval.
guys, i got the same rfe - my employer sent a letter with my current title, salary, and intention to keep me employed.
in fact the wordings are also the same. you need a standard employment letter.
hope that helps. still waiting for approval.