Strange 140 REF, Please help! Urgent!

A

allaboutgc

Registered Users (C)
Hello,

One of my friends got a strange REF. Please help!

The reason for the REF is: he submitted his previous years W-2 along with 140 application (no pay stub). His actual salary is the same (actually several hundreds more) than what is stated on LC.

BUT the problem is that he put a big portion of his salary to retirement plan etc., which is the so-called "before tax deduction". So the amount of money on his W2 is his actual salary MINUS all those before-tax deductions. (you can check your own w2, the total salary shown there is called "taxable salary", which is your gross income - all the tax-free deductions).

Therefore his W2 shows much less than what he actually earns, and this has triggered the "company ability to pay" REF. He is very very upset. Lawyer says never saw this type of REF before. PLEASE HELP WITH SUGGESTIONS! Thanks!!!
 

allaboutgc

The companies ability to pay has nothing to do with your friends W2 or his tax returns. The RFE is for company financials. If the company is a public company, they can submit their audited statement and tax return (usually available in the company's website. If it is a private owned firm then they shoul submit their tax (the firm's tax) returns .

This RFE has nothing to do with your friends contribution to 401K or whatever it is. Also FYI the W2 should contain the 401K contribution. If your W2 doesnot contain that information you should contact your employer. If the 401K is a not the one sponsered by your company then you should ask the forms from the bank where you hold your 401K contributions.

The fact that the lawyer has not seen this type of RFE is weird. This shows his incompetency. I would suggest your Friend to contact a good lawyer who would respond to the RFE without screwing it up further.

hth
dyno
 
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