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I-140 denied due to Ability to Pay - need help

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  • I-140 denied due to Ability to Pay - need help

    PERM: A-14174-XXXXX filed on 6/23/2014
    PERM Approved: 11/12/2014

    Current wage: $40,000
    LC wage: $88,873

    My employer agreed to change the salary to required once the I-140 is approved.

    I-140 filed in Premium: 12/5
    SRC15046XXXXX

    I-140 RFE received on 12/16 reg submitting Pay stubs, W2, company tax statements
    RFE responded on 12/19 by fax

    I-140 denied on 12/31 due to "Ability to pay"

    My current H1B will end in Nov2015 and I am India citizen. Its an EB2 process and I qualify for BE + 5 yrs experience.
    -------------------------------
    I work for a small company in a sales position and the job has high bonus but lower base salary structure.
    The company is small in US but has outside US operations which are larger and it doesnt have 100 employees in US right now.
    As per 2013 tax returns show: $50,597
    Net current assets are: $20,000 (Assets - Liabilities)
    ----------------------------------------------------------------

    NOD says:
    "The net current assets are not equal to or greater that proffered wage. Therefore petitioner has not established ability to pay for 2013.
    Review the paystubs from June to Nov 2014, at the current rate the proffered wage would not be met.
    ----------------------------------------------------------

    What are my options:
    1) Lawyer has filed re-appeal of I-140 application with some additional financial documentation within 30 days, but chances are very slim that it would be approved.

    2) My company wants to start New PERM so that they are able to get lower wage requirements, I dont want to persue this option because I will not be able to complete entire process and extend my H1B by Nov2015 but this is a back up option. I can change the employer to get a slightly close base salary to proffered wage and file PERM as soon as I join. Which option is safer?

    3) File a new I-140 with additional paperwork regarding companies financial statements.
    Question: Will my case be any stronger if my company starts paying me proffered wage starting now?
    Question: What additional papers should the company file to demonstrate ability to pay? This company has global net income and assets of $1-2 million.

    Please advise if changing salary now by my current employer or changing job to higher salary and reapplying PERM will be a better option that can provide a better chance for continuing to work in US?

    Thank you so much for the help!!
    Last edited by greencardeb2; 02-07-2015, 09:32 PM.
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