UNITEDNATIONS! Please help !!!

B

blr001

Registered Users (C)
UnitedNations,

Please help! Heard (also read ur posts) from one of my friend that you are an expert in the area of "Ability to Pay" and we appreciate your help in this regard.

We have an "Ability to Pay" situation with a twist! Let me give you the background.

We filed for our Labor in Sep'01 with Company "X" and got our Labor certified in 2003. And we filed for 140&485 concurrently in Dec'04 through co."X". Now we have received RFE on 140: The 2 reasons:

1> Ability to Pay ( Proof for atp for Co."X" in 2001 and Co."Y" until 2004 from the point co."Y" assumed responsibilities of co."X")

2> Proof of acquisition(successor in interest)/relationship between company "X" and company "Y".

-- btw, this is not an acquisition but co."Y" is the parent of co."X" and all the taxes and financials are done under the banner of co."Y"

Our employer gave the Tax returns for the year 01,02 and 03 and audited financials for year 2004 for Co."Y" when we filed 140.

>> Employer has the documents to prove the relationship between the 2 companies ( co."Y" is the parent of Co."X", and co."Y" assuming all the responsibilities and liabilities of Co."X" )

The question is if we prove the relationship between the 2 companies , do we still need to prove the "Ability to Pay"?

>> The employer says that he had given all the tax papers to the Attorney when we first filed I140, which has all the proof for the "Ability to Pay". And if we provide the company relationship papers that should take care of the "Ability to Pay" issue also.

Please comment and advise.

Thanks for your help in advance.
 
Thanks UNITEDNATIONS! for a lightening speed reply.

>> Yes Co."X" has its own TAX ID.

>> I assume that Co."X" filed its own taxes in 2001 and from 2002 onwards Co."Y" has been filing taxes for Co."X". ( I'm not sure about this but I can confirm with my employer. But, he'll be back tommorow )

Thanks.
 
One more thing

UNITEDNATIONS,

One more thing:

Also specially in my case, I have a difference in the current pay and the pay mentioned on the LC. I'm getting abt 12% less pay than the pay mentioned on the LC. Do we have to tackle this separately or if we provide the Company financials that should be good enough? Please let me know.

And I just sent a PM to raja_yogi and awaiting his reply.

Thanks.
 
I'm back!

UNITEDNATIONS,

Sorry my employer was busy! and I inquired my employer last night and he concurred to what I said in my earlier post. ( >> Co."X" filed its own taxes in 2001 and from 2002 onwards Co."Y" has been filing taxes for Co."X" )

The relationship between the 2 companies is:

>> Co."Y" is the parent company of Co."X" ( Co."Y" is the share holding company and it funds the Co."X" )

And I received the articles from raja_yogi and went through the articles. I don't know if we can follow any of these procedures for this case!

Please let us know and we really appreciate any help in this regard.

Thanks.
 
You must log in or register to reply here.
Top