URGENT!!! Help! EB1-OR RFE from TSC

S

starpana

New Member
Filed to TSC in January 2008 and I just got the RFE from TSC for my EB1-OR
petition:

It says:
"On the I-140 submitted, you failed to complete th form as requested. On
Part 5. Additional information about the petitioner. You did not complete #2
. in reference to the Gross Annual Income or Net Annual Income. For
companies of 100 or less employees, the petitioner must submit the last two
recent quarterly reports which lists employees; wages and social security
numbers as evidence to ability to pay proffered wages.

submit evidence that the petitioner has the ability ot pay the applicant.
Such evidence must include annual reports, U.S. federal tax returns, or
audited financial statements. You may also include additional evidence, such
as profit/loss statements, bank account records, personnel records."

I worked in a small start-up company with 20+ employees. The company has
been in high-tech business for over 8 years with sufficient funds. On the I-
140 form part 5, #2 I put "0.00" for both Gross Annual Income and net Annual
Income according to the information I got from my employer.

The lawyer I hired filed my I-140 (I got signature from my employer) WITHOUT
my W-2 form or my last year pay-stubs. In stead, he attached my W-2 form
and three month pay-stubs with my I-485 application.

Now my employer refuses to disclose those financial statements listed in the
RFE letter to ANYONE, including USCIS, what should I do?????

Please help!!!!

Thank you.
 
Last edited by a moderator:
thdoc said:
Maybe they would agree to give those documents directly to your attorney.
Click to expand...

Since your company does not want to disclose the financial statement to USCIS, there is nothing that can be done. The point really is whether they can prove that they have the ability to pay you for the position. Ask your company if they can furnish such a proof without disclosing their financial position (e.g., if they provide a statement for a lower bound on their earning instead of the actual amount). If your company refuses, there is probably nothing that can be done except to prepare for a denial.
 
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