TSC RFE - Proof that the Employer can pay the offered salary

S

sebis

Registered Users (C)
"Proof that the Employer can pay the offered salary from the priority date."

Did you get such a request on a recent RFE? What is the officer expecting to receive as evidence? The catch is that I didn't work for the current employer at the priority date, do I still need to submit evidence from my priority date?

TIA

--sebis
 
I think this is just another wording for employment verification RFE. Only you need to prove that either you are doing same or similar job .

Also mention if you have used AC-21.
...I am not a layer
 
Originally posted by ncguy2001
I think this is just another wording for employment verification RFE. Only you need to prove that either you are doing same or similar job .

Also mention if you have used AC-21.
...I am not a layer
Click to expand...

I don't think he is referring to EVL, there is another request for EVL in the RFE, this is a separate paragraph.

I think I am going to use AC-21, but my I-140 sponsor is still open to employ me when I receive my GC.
 
I got similar RFE

Are you working for a small company? I think they want to know if your company is still doing OK. My lawyer sent company's tax returns for last 3 years.
 
Re: I got similar RFE

Originally posted by texasbig
Are you working for a small company? I think they want to know if your company is still doing OK. My lawyer sent company's tax returns for last 3 years.
Click to expand...

Yes, I am working for a small company, atty. wants to send Form 941 and financial statements. There is no reference in the RFE for tax returms or W2.
 
Hi, Sebis:

Is there anything you can think of which may trigger this RFE?

Thank you and hope you get approval soon.
 
Here is my opinion.

First of all u must decide where u want to continue ur work.

if old sponser.... then from periority date to now current all Tax returns + quarterly report. will be enough , doesn't matter if company shows loss. don't worry about it.
only challange u will face that if they ask u Pay stubs and W2 for recent years... that wouldn't be in ur favor... it would clearly raise questions???

if u willing to work with u r new employer (I assume u are working ).... then just use AC-21 + their Tax returns. EVL.+ ur ( recent pay stubs & W2 and ur personal Tax return(if they have asked) ).

the question is who is ur current/recent employer is???


my personal opinion u to not to go with oldone if ur current employer is all fine and u fit in the requirment described in LC+I-140 because once they asked u to produce ur W2+paystubs .... u can imagine .. how much tourble u would have invited.

be carefull don't mess with ur pettition.... just not knowing what u are doing.. there is no reverse gear once u response the RFE...


Talk to ur attorney the situation.

Good luck ...
 
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My tax returns and W2 look really good actually. The problem is that the RFE did not ask for them, is asking for the Company to prove that can pay the "offered" salary.

The debate I have with my atty. is what documents we should send to prove that the Company can pay. We have the Form 941 for last year but in the prior years they are not available since they used a payroll company to pay salaries.

The funky part is that the RFE is asking for proof from the priority date, even thou I did not work for this company at that time, do we still have to show documents from back then? We do have financial statements but the atty. is worried they can't understand them since the financials don't have any notes.

So I am going back-and-forth between atty. and accountants looking for the best solution. Meanwhile I am growing impacient and don't want to lose this approval string on I-485's that it seems to happen at this time.

--sebis
 
Hello there

It seems complicated things,
I dought that they got some points thats why they are asking the specific RFE..

Did u send them AC-21 job change or at the time of 140 approval was there all documents submited to prove that company can pay you?. your RFE seems strange what all ppl are getting even they change jobs... and changing jobs is no issu with many ppl. they all approved....

Get second opinion with some another exp attorney too.

btw How long the company in business?
why ur attorney says "they won't understand".
and what do u mean by notes?

wish u good luck... keep us update.
 
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Same RFE

Sebis,

I am a new user to this forum. I have seen your posting about your RFE few days ago. I was quite surprised to receive the same RFE myself. I have received an RFE for EVL and also Company's ability to Pay. The later RFE specifically states that "The petitioner must demonstrate the ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.

Sebis, What is the status of your reply. What documents did you send? I am with same employer and I have no problem getting the financial statements except that the origial employer was bought out by another company and I am continuing to work new one. Will this be a problem?

RD:08/01
ND:09/01
FP:05/03
RFE:02/04
 
Re: Same RFE

Originally posted by masina
I am a new user to this forum. I have seen your posting about your RFE few days ago. I was quite surprised to receive the same RFE myself. I have received an RFE for EVL and also Company's ability to Pay. The later RFE specifically states that "The petitioner must demonstrate the ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.

Sebis, What is the status of your reply. What documents did you send? I am with same employer and I have no problem getting the financial statements except that the origial employer was bought out by another company and I am continuing to work new one. Will this be a problem?
Click to expand...

My RFE is worded slightly different, is requesting evidence that the employer can pay the offered salary from the priority date until present. I whish he would have asked for my W2, that could have been done by now.

I didn't send the response yet, waiting for my atty. to draft the response letter. Vey likely will include some form that the company filed with Texas Workfore Commision showing salaries and financial statements.
 
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