I had posted this on other forum too, hope to share with more people on my situation, and I’m working on the solution now, hope my bloody experience will give people some lesson.
Received a RFE on my I140 PP on 6/25/06, stating the following:
“You have not establish that you had the ability to pay the beneficiary the proffered wages ($52,800 for 2004 and 2006, if you paid the beneficiary any additional income in 2004 and 2006 please submit documentary evidence to support your claim”
I think my W2 (04’ for $48,674, 05’ for $49,739, and 06’ for $47,836 ) showing less then prevailing wage of $52,800 due to my leave of absence and other un-paid days off , although my pay stubs did show the correct hourly rate (it was updated at Feb. 2006 from $46,500 to $52,800 based on the wage that my office offered while I filed RIR (Sep. 2003))
My prevailing wage of $52,800 was establish on the rebuttal to the NOID on my LC of RIR, and that NOID was on my lower wage of $46,500 compare with the SWA prevailing standard of $78,104, my rebuttal eventually went through after we submit alternative wage data.
The company Tax return seems OK from I’ve been told, since my company only want attorney to see it, and I think I need to really look at them with a new attorney.
So, now, my incompetent attorney has disappear, and offer no solution or any insight, I’m on my own to find a way out, the only thing I can think of is the argue the following:
1:Retain a new and capable attorney just solely on this RFE. And have him offered a analysis on this response, and have my Boss, and maybe hire a CPA to issue a letter saying they have the ability to pay the difference of 4 thousand dollars.
2:Obtaining the reimbursements record that company had paid me at 2006 (not much, could be only 1,000)
3:Obtaining a letter stating my un-paid leave of absence of one month each year, maybe accompanied with VISA stamps, timesheets and airline tickets…etc.
4: Argue the difference of my wage paid and the prevailing wage established was under RIR and approval of my rebuttal and LC. So there’s no way I can get paid more then prevailing wage before those time.
I might be naive, but without a responsible and responsive attorney, I have to be on my own and have some hope !!
Thank you for sharing my experience, any comment will be welcomed and appreciated. I will post any update if there's any !!
Hann
Received a RFE on my I140 PP on 6/25/06, stating the following:
“You have not establish that you had the ability to pay the beneficiary the proffered wages ($52,800 for 2004 and 2006, if you paid the beneficiary any additional income in 2004 and 2006 please submit documentary evidence to support your claim”
I think my W2 (04’ for $48,674, 05’ for $49,739, and 06’ for $47,836 ) showing less then prevailing wage of $52,800 due to my leave of absence and other un-paid days off , although my pay stubs did show the correct hourly rate (it was updated at Feb. 2006 from $46,500 to $52,800 based on the wage that my office offered while I filed RIR (Sep. 2003))
My prevailing wage of $52,800 was establish on the rebuttal to the NOID on my LC of RIR, and that NOID was on my lower wage of $46,500 compare with the SWA prevailing standard of $78,104, my rebuttal eventually went through after we submit alternative wage data.
The company Tax return seems OK from I’ve been told, since my company only want attorney to see it, and I think I need to really look at them with a new attorney.
So, now, my incompetent attorney has disappear, and offer no solution or any insight, I’m on my own to find a way out, the only thing I can think of is the argue the following:
1:Retain a new and capable attorney just solely on this RFE. And have him offered a analysis on this response, and have my Boss, and maybe hire a CPA to issue a letter saying they have the ability to pay the difference of 4 thousand dollars.
2:Obtaining the reimbursements record that company had paid me at 2006 (not much, could be only 1,000)
3:Obtaining a letter stating my un-paid leave of absence of one month each year, maybe accompanied with VISA stamps, timesheets and airline tickets…etc.
4: Argue the difference of my wage paid and the prevailing wage established was under RIR and approval of my rebuttal and LC. So there’s no way I can get paid more then prevailing wage before those time.
I might be naive, but without a responsible and responsive attorney, I have to be on my own and have some hope !!
Thank you for sharing my experience, any comment will be welcomed and appreciated. I will post any update if there's any !!
Hann