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deepuv
09-19-2007, 03:33 PM
As I was checking these forums and since one of my colleague received an RFE asking the company's ability to pay the proffered wage for all the 140 filed by the company I wonder if anyone can enlighten me with any idea on how to respond to the request? and how severely would it effect the other's in the same process with in the company.

Thank you for help in advance.

texcan
09-19-2007, 04:17 PM
Please check in 140 area

Home page-> Forums-> I140 Releated Forums > Ability to pay

http://immigrationvoice.org/forum/forumdisplay.php?f=82

deepuv
09-19-2007, 05:44 PM
Thanks for posting the link and I will browse through it, Mean I just wanted to let you know that my colleague got his I-140 denied and this denial decision list all the pending I-140 receipt number saying the company have files these many and they are not satisfied with the response they got for RFE as they donot demonstrate the ability to pay for all those pending applications.

And I am very much concerned on would there be a note in any way on the company when they process the other pending applications and are there any chances to expect a similar one for any of the pending application number listed in the denial decision

satishku_2000
09-19-2007, 07:07 PM
Thanks for posting the link and I will browse through it, Mean I just wanted to let you know that my colleague got his I-140 denied and this denial decision list all the pending I-140 receipt number saying the company have files these many and they are not satisfied with the response they got for RFE as they donot demonstrate the ability to pay for all those pending applications.

And I am very much concerned on would there be a note in any way on the company when they process the other pending applications and are there any chances to expect a similar one for any of the pending application number listed in the denial decision

If multiple immigration petitions are pending from same petitioner then USCIS will ask petitioner to prove ability to pay for all the petitions simultaneously .

Please follow the link here for Yates memo on ability to pay

http://www.visaportal.com/downloads/Yates%20Memo%20ability%20to%20pay.pdf

If petitioner can not satisfy the at least one of the conditions for all of the pending petitions since establishment of corresponding PDs the best thing for the petitioner is to withdraw some cases that can not satisfy the minimum critieria.

I am not sure how USCIS interprets the response when the case for which RFE issued meets one of the 3 requirements but other case/cases can not meet any of the requirements.

If you ask me what are the chances of other petitions getting RFEs on similar grounds , they are very high because its common sense.

If you have been working with same employer since establishment of PD and got paid equal or more than proferred wage you have some chances of getting approved.