Strange I-140 RFE on A2P

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planecrazy

New Member
This is my first post in the forum. Recently, I filed EB2 I-140/I-485 concurrently in June. On 08/24 my case status changed to RFE sent and we recieved the RFE on 08/30 for company's ability to pay. The officer states that 2006 fincancial records show a net income of $-18M and net assets of just $4000 :eek:

Now here is the strange part. One my colleagues also filed EB2 I-140/I-485 on the same day in June and his I-140 was approved on 08/23. Another colleague also got his EB3 I-140 approval in June. This has really got me perplexed. How come my I-140 got a RFE and others were approved :confused:

I also have a PERM EB2 I-140 approved in 04/2006 (details in my sig). Another positive point is that my W-2 salary for 2006 is much more that the offered wage on Labor and I-140 ( and the whole salary is from the same company).

The lawyer feels that there was a mistake on USCIS officer's part in interpreting the 2006 financial records. The confusion could arise because our company was acquired in Feb 2006 and as a result the financial statements for 2006 had to be adjusted.

So, what is the best way to respond to the RFE. My lawyer is going to send updated financial statements till Q2 or Q3 2007 along with my W2s for 2004, 2005 and 2006. In addition I feel that a letter from our CFO clarifying 2006 statements might also help.

What else can we add to the response?

Thanks in advance for the replies.
 
I think if your W-2's over the period during and since labor certification are high enough, then that's all you need to submit (Yates memo, criteria #3).
 
grantb4 said:
I think if your W-2's over the period during and since labor certification are high enough, then that's all you need to submit (Yates memo, criteria #3).
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My W-2 for 2006 is higher than the amount in I-140 but W-2s for 2004, 2005 are slightly less. But the officer has stated concerns only about 2006 statement. So I am hoping that 2004, 2005 statements are satisfactory.
 
In my RFE response my lawyer sent in a huge amount of documentation although all that the RFE asked for was a couple of W-2's (I would probably have just send what they asked for). I have not had a ruling on my RFE response yet.

If they are asking you for one W-2 and that W-2 is positive for you, just send that in with a cover letter from CEO or CPA indicating no problem for A2P. That's my $0.02 anyway.
 
grantb4 said:
In my RFE response my lawyer sent in a huge amount of documentation although all that the RFE asked for was a couple of W-2's (I would probably have just send what they asked for). I have not had a ruling on my RFE response yet.

If they are asking you for one W-2 and that W-2 is positive for you, just send that in with a cover letter from CEO or CPA indicating no problem for A2P. That's my $0.02 anyway.
Click to expand...

What does CEO, CPA and A2P means?
 
RFE response sent

I-140 RFE response was sent on 09/1407. Case status changed to "resumed processing" on 09/19/07. LUD on 09/20/07. Hoping to see approval soon.
 
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