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  • Rfe Issue Ability To Pay

    I received an RFE for my I-140 . The RFE is for Ability to pay.

    It states that

    =========
    Provide evidence of petitioners ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and contiuing until the beneficiary obtains lawful permanent residence. Evidence of this ability to pay shall be either in the form of copies of annual reports, federal tax returns or audited financial statements.

    Since this is a not a big company (1 owner as the principal) my employer cannot provide almost all the information requested above.
    I have all the W-2 forms with me and my pay is more than the offered wage in labor cert.
    I am sure that my company made profit at least for the last 4 years.

    Can someone suggest me what can I use as an alternate to prove the company's ability to pay me?.

    Thank you

  • #2
    Never mind, I got the approval already.

    Comment


    • #3
      Can you tell me your service center, receipt date and category?

      Comment


      • #4
        1 140

        Hi

        I may face the same question. Please update about your approvel. Did you provide those evidence to USCIS.? After you provide those how long it took you to get your approvel 1 140?.
        Please update it;s very importent.

        thanks.

        Comment


        • #5
          i 140

          can you share what did you show? how did you came out of RFE

          Comment


          • #6
            Ability to pay

            I found a very interesting article which you may find helpful......Check this article out....it is titled ....."Strengthening I-140 Financial Ability Evidence" on Immigration daily website .....

            Response to I-140 RFE was received by Nebraska on July 24th and was approved the next day on July 25th. I had used the article titled
            " Strengthening I-140 Ability to Pay" which had appeared in the Immigration daily as a reference to prepare the documents besides my attorneys covering letter;
            Here's what we submitted;
            1. Cover letter from CFO confirming employee headcount of over 100 employees and salaries & wage bill during the years from the year labor was filed to current year.
            2. Letter from CEO/President giving company background, sales, financials, current & future plans etc. demonstarting ability to pay.
            3. Letter from CPA (with Audited Financials & confirming ability to pay)
            4. Cover Letter from the payroll company along with summary statements for all quarters and all years of the 940/941, State Taxes and the yearly employee rooster. Since the company had over 100 employees we did not send the Forms 940 etc but instead sent the summary statements from the payroll company...but if the company is small and the docs don't become too bulky it is preferable to send the Forms 940 and 1120 etc.
            5. Bank Statements for all years (monthly). And letter from bank confirming enjoyment of bank facilities and flexibility in credit limits.
            6. Photographs of the company's facilities
            7. Testimonials, certificates, awards received by the company
            8. Press coverage on the company
            9. Attorneys cover letter siting some case juddgements
            10.W-2's for all years in question
            Hope it helps someone in a similar situation as I was..........Good Luck!!!!!!

            Comment


            • #7
              Timeframe to respond to RFE

              I received an RFE for my I140 application. Does anybody know the timeframe for responding to the RFE?

              Comment


              • #8
                Originally posted by nganesh21
                I received an RFE for my I140 application. Does anybody know the timeframe for responding to the RFE?

                The RFE notice has the date within which the reply/response needs to be sent. Mine was 60 or 90 days from the date of RFE. But please check your RFE ..........

                Comment


                • #9
                  Requested the RFE from my company lawyer. It said 12 weeks from the date on the letter.

                  Thanks

                  Comment


                  • #10
                    nganesh

                    it should have a definitive date on the RFE for reply.........should't say 12 weeks....check it......maybe get a copy of the RFE from your attorney.......you don't want to miss the deadline date for responding to the RFE.........

                    Comment

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