UnitedNations and experts Urgent help needed, I-140 Denied EB3

[sts_seeker]

Hi All,
I received an RFE on I-140 regarding abiity to pay. My Company was in loss from the year Priority Date was on LC and I did not get paid prevailing wage. I replied a RFE with an Independent CPA evaluating the company's asset and stating the "Company is financially viable to pay me the proffered wage" but sadly my I140 was denied. Now lawyer want to appeal it but I don't know how appeal will help to approve the case since the financials of the company has not been changed.

I have one other alternative but I request to get your kindly advise asap.
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We have a pre approved labor with lower salary which I can prove that I have been paid that salary from my w2. The job title is same but PD is one year later than my own ALC PD. Even though company is in loss, if I can show that I have been getting the proffered wage from the PD on this new ALC, would my case has chances of approval. I have following questions regarding this new alc.

1) Can I file another I-140 from the same company for same job title with lower salary or do I need to withdraw the I140 that was denied?

2) When is the last date to file the LC substiution?

3) My 8th yr H1B will expire in feb 08, so how can i extend my h1b after that? My I-140 from original labor cert was denied and my lawyer suggest that If I appeal i can extend my h1 based on that? Would filing a new labor cert with LC sub give me chance to extend the H1b?

4) When I file another I-140 by doing labor substitution, I was on Disability in on of the year so I wasn't paid by the company and was paid by the disability insurance of the employer. So while showing ability to pay, is it ok to say I did not get paid because I was in disability ? After that year I have been paid more than the salary in ALC but the problem is from the year when I was on disability.

Please suggest because I could 't get this answer from my lawyer since he is also confused.
I know this forum has experts who has dealt with this kind of issue all the time and I need help asap.
God bless you all.

Thanks
sts_seeker

 

[sts_seeker]

Ability to Pay show for I-140

Experts I need this suggestion ASAP for I140 ability to pay.
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove assets > liablities or revenue >proffered wage. However Company recently is approved for line of credit which is greater than(>) the proferred wage.

The only way to show the ablity to pay is that I have been paid the proffered wage since April 04. But I did not work from Jan'04 though mid of '05 because of health reason. I have paid by the disability insurance from the employer during that period and I paid the tax for disability income.
After I joined back on mid on '05 I have been paid more than proferred wage till present.

Does that satisfy the USCIS of the requirement of ability to pay?

I need help ASAP.
Thanks everyone