UN and gurus please help for I -140 RFE

M

mst01

New Member
I got RFE for I-140 which was filed last Aug. But the interpretations from my lawyer and an immigration officer I talked to through CIS customer service 1800 number are quite different. I am very confused and need help to understand what the CIS really need.
Thanks in advance.

Here is the RFE

Ability to Pay: Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or financial statements. If the petitioner’s company has 100 workers or more the petitioner may instead provide a statement from financial officer of the organization that establishes the prospective employer’s ability to pay proffered wage.

The petitioner is requested to provide this evidence for year 2003. In the case of a company that has over 100 or more workers a current statement from a financial officer will suffice.

Tax Documentation: Provide all schedules and tables that accompany the submitted tax return.

My lawyer sent a letter to my company for either a statement or tax documents. My employer returned a statement given the company is private and the owner is more reluctant to disclose tax information. But an immigration officer ( not a customer representative who transferred my call to that officer) told me CIS is looking for tax return here, a statement will not be enough even my company has over 100 employees. I don’t know who I should believe.

Please shed some light. Any reply would be deeply appreciated.
 
Yes, ur company should give tax documents. I don't know why your company is reluctant. Infact if your comapny also submits W2 information of all the employees in year 2003, it will make a strong case for "Ability to pay".
But hey, UN is expert in this field.. His advice is more important
 
thanks a lot UN and microdev1. I will push my company to send TAX return tomorrow. But I have one more question, In case my lawyer has already filed the response with that statement, will CIS accept the tax returns in the second response package. Cuz in the notice it says failure to provide all the information at one time may lead to denial. Thanks a lot!
 
mst01,

please make sure you submit what they are asking. i suggest that you give at least 2 evidences and the tax returns should be one of them.

i was in the same situation as you are last nov. 2004. my company declined to give the tax returns saying that a private company by law is not obliged to submit tax returns. at that time, i did not know that they did not submit the tax returns to my lawyer. my company submitted only a letter from CFO. my lawyer probably thought that was enough. after 14 days, we got the denial saying that the evidence submitted do not show ability to pay.

please also study the tax returns and UN can help you interpret if the tax returns shows ability to pay.

take note that the annual reports or financial statements should be audited. uscis also mentioned that the financial report we submitted was not audited.

hope this helps!

=> wh1zky <=
 
thanks UN. hopefully they haven't done it. I couldn't find out today because of this good Friday. wh1zky, I want to know what did you do after the denial because that might be what I have to do. My company is consistently profitable and should not have problem to prove ability to pay if they agree to submit the tax return.
Thanks for replies from all of you.
 
mst01,

UN is right. We filed the mtr/appeal with the tax returns and a brief explanation. It was filed last week of Nov. 2004. Until now, we have not heard anything back from USCIS. I am planning to call them next week (after holy week). On the safe side, my company re-filed I-140 using the same LC including tax returns and got approved quickly (approx 42-45 days). We have also filed 7th yr H1-B extension and got the approvals this week.

Talk to your company again and give them the links to this forums. It's very important that they submit what USCIS asked for. Besides, it's the goverment that's asking them to submit the tax returns and not any individual, company or corporation.

As to what to do, my suggestion for you and everyone is: "Do your best and plan for the worst." It is always best to have a fallback as we all do not know how the outcome would be.

=> wh1zky <=
 
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