united nations others - please help

useruk77

Registered Users (C)
fellow sufferers - united nations, others - please help

Hi all,

here is my RFE for 140+485 concurrent application

"Submit copies of the beneficiary's W-2s for the years 2001, 2002, 2003, and 2004.

Submit a copy of the petitioner's complete income tax return for the year 2002. Please explain the fact that the form submitted does not show any entry for salaries and wages while the copies of forms for 2001 an d2003 show large amounts in those fields.

Submit a copy of the petitioner's income tax return for the year 2004.

Submit copies of the petitioners most recent Employer's Quarterly Federal Tax Form (Form 941) and State Unemployment Compensation Report Form. These documents must be acompnied by the quarterly wage and withholding suplement which identifies all employees by name and social security number."

labor wage = $65000
my w2s show the following info as gross pay

2004 - $54038 * net income - , after adding depreciation net income is positive = company able to pay difference

2003 - $57850 * net income + company able to pay difference

2002 - $53079 * net income - , after adding depreciation net income is positive = company able to pay difference

2001 - $52110 * net income + company able to pay difference

The labor was applied on august 29th, 2001
2004 tax return was not originally submitted as it was january when i applied for 140, however 2004 tax return is same as 2002 i.e. salaries and wages box is blank, as that is recorded in the cost of labor

How bad is the situation.
Should the company only send a reply to the asked items as per above USCIS quoted paragraphs.
if not then what additional documents should the company send for 2002,2004 situation. Should the company submit the schedule that details assets that depreciate to show assests.? Also, what shold the company show to document liabilities. ? Bank statements recomended?

h1b expiring on july 2006.
what r my options
should i apply for PERM seperately

need some experianced voice here to guide me
appreciate any comments gurus
thanks

useruk77
 
Last edited by a moderator:
I-140

Is your company a small company?
Is your company registered in state of Delaware?

Your tax returns look fine I think there is no problem at all.
Only thing that is interesting to note there is your company’s tax returns.
 
hello,

yes the company is a small company in ohio with 95-100 employees
what looks good to you about my RFE ??

useruk77
 
"Submit copies of the beneficiary's W-2s for the years 2001, 2002, 2003, and 2004.

Submit a copy of the petitioner's complete income tax return for the year 2002. Please explain the fact that the form submitted does not show any entry for salaries and wages while the copies of forms for 2001 an d2003 show large amounts in those fields.

Submit a copy of the petitioner's income tax return for the year 2004.

Submit copies of the petitioners most recent Employer's Quarterly Federal Tax Form (Form 941) and State Unemployment Compensation Report Form. These documents must be acompnied by the quarterly wage and withholding suplement which identifies all employees by name and social security number."


This is where the Lawyer will have to be really careful, USCIS is looking for some thing in this area.
Your Part is good enough.
I believe the company filed some LC without having the real employees at that time but later on managed to get some business on the basis of LC applied for the people.
This type of RFE means that the employer is not in a good shape and USCIS knows it.
 
the company is pretty solid in the field for 40 years
however s corporation go up and down in net income
the LC was filed for myself by me thru a lawyer
hwoever, it simply the fact that USCIS was not convinced by the primary evidence submitted that the compnay has ability to pay

so i guess your right from USCIS point of view
and my lawyer has to prove the point very clearly with primary evidence
again thanks for your post

useruk77
 
useruk77 said:
the company is pretty solid in the field for 40 years
however s corporation go up and down in net income
the LC was filed for myself by me thru a lawyer
hwoever, it simply the fact that USCIS was not convinced by the primary evidence submitted that the compnay has ability to pay

so i guess your right from USCIS point of view
and my lawyer has to prove the point very clearly with primary evidence
again thanks for your post

useruk77
==============
Just my 2 cents, use a very good lawyer and be sure to see all the documentation that the lawyer prepares, if required, go for a second opnion before the papers are submitted. Its your life. My lawywer was useless and my I140 was rejected and denied.

Check with Attorney Murthy, she maybe able to help you on this or atleats provide a second opnion on the papers that you submitt.

Nothing works, chnage your company...you have time in your hand

Good Luck !
 
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