The Actual RFE enclosed (i-140 & i-485 )

[GC_1970]

Sharing the RFE letters from USCIS for I-140 & 1-485 with this forum.

This is RFE for I-140
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December 7,2004

Company Name
Address


RE : My name
Form I-140
A#/SRCxxxxxxxx

Notice of Request for additional information
-------------------------------------------

This office is unable to complete the processing of your petition without further information. Please read and comply with the following, then submit the requested evidence to the above address, including this letter and the attached gold sheet. You must submit the information with in 12 weeks. Failure to do so may result in the denial of your petition.

The record reflects that the petitioner filed an I-140, Immigrant petiton for Alien Worker, seeking to obtain classification of the beneficiary under Section 203(b)(3)(A)(ii) (professional) of the Immigration and Nationality Act.

Submit additional evidence to establish that the petitioner has the ability to pay the preffered wages. The tax return submitted by the petitioner do not indicate sufficient profit to pay the preffered wage. However, the tax returns show salaries expenses and it appears the beneficiary is already employed by the petitioner. Submit the beneficiary's W-2/payroll documents to establish the petitinoner's ability to pay the preffered wage.

Thanking you,

sd
Director
TSC


Officer #242
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RFE for I-485
--------------
December 7, 2004

Attorney's
Address

File : A#/SRCXXXXXXXX
Form I-485( Employment Based )
Beneficiary : my Name

Notice of Request for additional information
------------------------------------------
This office is unable to complete the processing of your petition without further information. Please read and comply with the following, then submit the requested evidence to the above address, including this letter and the attached gold sheet. You must submit the information with in 12 weeks. Failure to do so may result in the denial of your petition.

Submit a letter, on company letterhead, from the applicant's employer attesting to applicant's job offer or continued employment and brief description of company's business, the applicant's specific duties, and level of compensation.


Sd\
Director
TSC

EMU/242

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Attorney's office drafted the following letter

December 14,2004

Immigration & Naturalization Service
P.O.Box 850965
Mesquite, TX 75185

Re: Adjustment of Status - My Name - A#
----------------------------------------

Dear Sir:

In support of our previously approved petition to clasify the above named alien as beneficiary of a preference immigrant visa, this is to confirm our continuing desire and intention to employ My Name as so & so on a yearly salary of $XX,XXX.XX.

All other terms and requirements stated in our petiition remain unchanged.

Your favorable consideration of the application for adjustment of status will be greatly appreciated. If you have any questions, please do not hesitate to contact the undrsigned.

Sincerely,

sd\
Company Name
Director of Operations
phone number.

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We provided the employment letter and W2 when we filed the petition on Feb 04. Why should they ask again?

Please comment and share your thoughts on this.

I appreciate POJ, Unitednations, curiousgeorge and all the other members for their valuable contirbutions in the this fourm.

Thanks

GC_1970
ND 02/17/2004 ( 1-140 & I-485 )

 

[GC_1970]

A question to unitednations

Unitednations,


My company's finance is in good shape. One person (first GC thru this company ) got approved last month. Since it is a privately held company I do not have access to the financial information. But one thing is sure, the place where I work they have placed people at good rate and in general my employer will not work on less mark up, since it is a direct client with few people placed over here for past 5 1/2 years the finance position will not be bad.

My PD is Sep 27 2001, EB3 - Programmer Analyst
$X is the salary specified in the Employment letter, would this be the wage specified in the labor??

in W2 2001 I was paid X - 6389.38 + 14700.00 per diem (expenses)
( what is the wage here since PD is 09/27/2001 )
in W2 2002 I was paid X - 4931.70 + 15510.00 perdiem (expenses)
( difference -ve 4931.70 )
in W2 2003 I was paid X + 14692.49
(well over the proffered wages)
in W2 2004 X + 15000.00
(well over the proffered wages)

I understand per diem is not considered here.

I do not know the net income, net current assets information of the company.

Hope the employer had good financial standing over this period. I feel distressing at this point of time.

Refer to the USCIS memo dated 04/05/2004 from William R Yates, regarding Determination of Ability to Pay under 8 CFR 204.5(g)(2) - I got from www.ilw.com

On page 2 Procedural Guidance
------------------------------

It says that the petitioner must submit a copy of at least one of these required documents. CIS adjudicators are instructed to take the following steps when making determination of petitioner's ability to pay in the context of adjudicating the Form I-140.

........
......
Decision on the Record
.............CIS adjudicators should make a positive ability to pay determination in any the of the following circumstances:

1. Net Income
2. Net Current assets
3. Employment of the beneficiary.
The record contains credible verifiable evidence that petitioner not only employing the beneficiary but also has paid or currently is paying the proffered wages.

My I-140 RFE quote " The tax return submitted by the petitioner do not indicate sufficient profit to pay the proffered wage. However, the tax returns show salaries expenses and it appears the beneficiary is already employed by the petitioner. Submit the beneficiary's W-2/payroll documents to establish the petitioner’s ability to pay the proffered wage."

Even after reading all the information here, i'am not in a position to intrepret this RFE exactly.

I work for this company since last 7 years. ????????????????

Am I disquieting too much?

Once again I’m grateful for your valuable contributions.

Thanks

GC_1970