urgent help i-140 and No tax papers

[mrqdco]

Dear friends
i really need your help
. My employer is an american and he started this firm in december 2005 after splitting up with his partner of 10 years. Consequently, he doesn't have any tax filings for his new company. He has sponsored my green card process.

My labor was approved with in 2 days and date was april 10 2006. The lawyer then filed my I-140 & I-485 concurrently alongwith EAD ...on 13th july

We received a letter for fingerprinting and got it done on 22th July. Last week both of us received our EA Cards (around 30 july)

My question is: What are the chances of my I-140 getting approved? ....as my lawyer only sent my paystubs and not any tax info. of my employer.
I would appreciate your reply. Thanks

 

[chravi]

I am not sure if there are any rules from USCIS regarding what sort of companies may apply for a GC for its employees. I guess your attorney would know such basic rules but don't count on them completely unless it some someone of Rajiv Khanna's calibre in going through laws meticulously.

If there is any issue with employer being so new, you should get an RFE pretty soon (in lot of cases, RFEs were sent within the first month or soon after). So ask your attorney/employer to keep an eye on that mailbox (my employer didn't notice the deadline for my NoID letter, nor he let me know about it's receipt, until we had only a week to respond... hence it's always good to be a bit extra cautious in this area).

Even if you do get an RFE, for 140 processing they ask for tax filings, pay stubs etc. to establish whether your employer has the ability to pay you the salary they said they would pay on your labor petition. Since you filed for your labor this year only, keep every paystub you got from the beginning of this year with you. Assuming that you did get close to the salary quoted on labor, your attorney should be able to send the paystubs and write a letter explaining that the company is new (reason for lack of any tax filings from your company) and that your paystubs prove the company's ability to pay.

---------
I am not an attorney... this is just my opinion.