salary meets prevailing wage, but I140 denied??

getGCSomeday

New Member
salary meets prevailing wage, but I140 denied due to abiltiy to pay??

Hi! everyone,
I have a question and wonder if anyone here had the same situation. Below is what happened.

On Feb. 2006, I got my LC. When we were preparing to file I140, my lawyer told me my company's 2004 tax return looks really bad, so we decided to wait for 2005 tax return. But 2005 tax return is worse than 2004. My lawyer told me having my salary raised is the only solution. By studying "How to overcome ability to pay" on this forum, I also got the impression that as long as my salary meets prevailing wage, I140 should be approved with no problem. I talked to my boss and he agreed to raise my salary to prevailing wage and that amount will show on my 2006 W2.

Last week, I sent everything to my lawyer and she called back say there might be a problem. She said recently CIS issued RFE on some cases that salary is the same number as prevailing wage. she worrys we'll get RFE and if CIS sees my company's tax return, my case might be denied.

How can this be possible?? I thought raising salary already solved my ability to pay issue. Am I worried too much?? To be honest, I am mad at my lawyer. Why she didn't tell me this last year. I know my boss won't mind giving me couple hundreds more.

Can anyone share some thoughts?? Thank you very much!
 
Last edited by a moderator:
As far as I know, the company has to show ability to pay you the prevailing wage after your lc app. is submitted and until current. The way to show company's ability is by:

1- Your actual pay is same or higher than prevailing wage after lc app. is submitted; or,
2- Your company made enought net profit to cover the diff.; or,
3- Your company has enough net asset to cover the diff.
 
Top