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  #16  
Old 01-29-2008, 04:48 PM
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Default A joke

This is a brutal joke from USCIS. Why did they approve the 140 in the first place if they still needed evidence? Not sure how to interpret it.

Quote:
Originally Posted by strafforddude View Post
Hello,

My lawyer received the RFE letter yesterday on my approved I-140.

RFE => "Abilitiy to pay to all the employees filed so far."

Any inputs as to how to defend this RFE.

Thanks
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  #17  
Old 01-29-2008, 05:21 PM
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Default 140

I have also 5 luds 01/15,01/16,01/17,01/18,01/21,I have filed my application on mid of July @NSc,I have hear nothing from NSC till now, Please let me know your thoughts.

Thanks
Aj
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  #18  
Old 01-29-2008, 05:26 PM
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Default Annual report

Quote:
Originally Posted by strafforddude View Post
Hello,

My lawyer received the RFE letter yesterday on my approved I-140.

RFE => "Abilitiy to pay to all the employees filed so far."

Any inputs as to how to defend this RFE.

Thanks
Hi

Your company will have to send the annual earnings report to USCIS demonstrating that they have sufficent revenue and profits to employ and pay for the people they have filed.

It has happened with quite a few people and that is what they have done. Besides attaching your latest W2 for previous year and any other material would be good .
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  #19  
Old 01-29-2008, 05:30 PM
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Default staffordude

was your case status changes to ' document mailed to applicant' or 'request for evidence sent'


please let me know??
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  #20  
Old 01-29-2008, 06:17 PM
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Default

1. Do you work for a small company with small revenue ?
2. Has your company filed a lot of I-140 applications recently ?
3. Is financial situation of your company adversely negative in recent years ?

Looks like this is an unfortunate case where an officer started to add up all the I-140 approved and pending to make sure employer has the ability to pay when combined these I-140 together. This rarely happens for large public companies. This has happened in the past with small companies, forum member named "unitednations" had mentioned it in the past. He would probably have guessed it, when you first posted this.

You can do the following:
1. Request your employer to withdraw some of recently filed I-140 if they have filed a large number of those. Also request them not to file additional I-140 until financial condition is improved.

2. Send the latest financial proving the ability to pay and hopefully that would
be sufficient for your case. It looks like there are two officers involved one who initially approved your petition and the other who looked at other petitions filed by your employer and decided to issued RFE for all of them.

3. In the meanwhile plan on invoking AC-21 when this is resolved so that you are free from the current employer's financial mess.

4. If possible contact UN and see if he still handles these cases, he might have very valuable advice in this regard.
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  #21  
Old 01-29-2008, 07:46 PM
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Default

Quote:
Originally Posted by helpmeExperts View Post
was your case status changes to ' document mailed to applicant' or 'request for evidence sent'


please let me know??
My status changed from "approved" to "request for evidence sent"
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  #22  
Old 01-29-2008, 08:04 PM
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Default RFE on approved I-140

Thanks for your response. I sent a private message to UN but, no response from him yet. UN if you are reading this please help !

Quote:
Originally Posted by Canadian_Dream View Post

1. Do you work for a small company with small revenue ?
Yes, Its a small company with 50 employees. Company has revenue around $3 - $4 million. To lower the tax liability the company shows a profit of approx $200k. There is a difference of 30k between what i earn now and what is stated on my labor.

2. Has your company filed a lot of I-140 applications recently ?
I think so. But dont know the exact number.

3. Is financial situation of your company adversely negative in recent years ?

The campany showed profits right from 2005.

Looks like this is an unfortunate case where an officer started to add up all the I-140 approved and pending to make sure employer has the ability to pay when combined these I-140 together. This rarely happens for large public companies. This has happened in the past with small companies, forum member named "unitednations" had mentioned it in the past. He would probably have guessed it, when you first posted this.

My employer is cooperative. I will send him the point below.
You can do the following:
1. Request your employer to withdraw some of recently filed I-140 if they have filed a large number of those. Also request them not to file additional I-140 until financial condition is improved.

2. Send the latest financial proving the ability to pay and hopefully that would
be sufficient for your case. It looks like there are two officers involved one who initially approved your petition and the other who looked at other petitions filed by your employer and decided to issued RFE for all of them.

3. In the meanwhile plan on invoking AC-21 when this is resolved so that you are free from the current employer's financial mess.

4. If possible contact UN and see if he still handles these cases, he might have very valuable advice in this regard.
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  #23  
Old 01-29-2008, 08:48 PM
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I am no accounting expert but 3M/4M revenue for 50 employees would come down to approximately 60,000/80,000 per employee. This is just considering salary as the only expense and ignoring other business related expenses. Based on your position or other I-140's that are being filed this might be too low and hence perhaps ability to pay is questioned. In addition to this you have also mentioned about salary below what's mentioned in the labor. Typically USCIS doesn't insist on paying wages on the approved labor until Green Card is approved but it strictly judges the employer's ability to pay such wages before approving I-140.
I think best way to handle is withdraw some of the I-140's and prepare a detailed certified report from CPA who can assert using creative accounting that despite this revenue the employer has ability to pay the offered wages to some or all of the I-140 applicants.

Quote:
Originally Posted by strafforddude View Post
Thanks for your response. I sent a private message to UN but, no response from him yet. UN if you are reading this please help !
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  #24  
Old 01-31-2008, 08:26 PM
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strafforddude is on a distinguished road
Default RFE on approved I-140

Does USCIS take perdeim into account when they determine "ability to pay" ?
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  #25  
Old 02-04-2008, 01:19 PM
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Starford dude,

How are are trying to resolve the RFE you received.. Its sounds really weired to get an RFE for an approved petetion..

Let me know your approach to resolving this

Thanks
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  #26  
Old 02-04-2008, 01:33 PM
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Default

Interesting part is they don't have time to process pending I-140 applications but enough guts to check old approved I-140 and raise RFE on them. USCIS couldn't get any more cruel or inhumane.

Quote:
Originally Posted by danmansukh View Post
Starford dude,

How are are trying to resolve the RFE you received.. Its sounds really weired to get an RFE for an approved petetion..

Let me know your approach to resolving this

Thanks
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  #27  
Old 02-07-2008, 04:04 PM
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Default

Starford dude,

Could you let us know on how you are planning to resolve your 140 issue,

Thanks,
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  #28  
Old 02-07-2008, 04:21 PM
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Default What if AC21 and I140 RFE

Just wondering what will be the situvation if I get an RFE on approved I140; I moved to a new employer with AC21.
I don't think my old employer will respond, won't it be a issue as the whole process of AC21 is based on approved I140?

New employer responding will never arise for this kind of issues!
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  #29  
Old 02-07-2008, 06:07 PM
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Quote:
Originally Posted by sweet23guyin View Post
Just wondering what will be the situvation if I get an RFE on approved I140; I moved to a new employer with AC21.
I don't think my old employer will respond, won't it be a issue as the whole process of AC21 is based on approved I140?

New employer responding will never arise for this kind of issues!
You raise a good point but after AC21 I think the ability to pay shifts to the New Employer. I could be wrong.
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  #30  
Old 02-07-2008, 06:37 PM
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Quote:
Originally Posted by HV000 View Post
You raise a good point but after AC21 I think the ability to pay shifts to the New Employer. I could be wrong.
no it does not. This has been clarified in a the Aytes memo:
http://www.ilw.com/seminars/septembe...citation1b.pdf
See page 4:

Question 7. Should service centers or district offices request proof of “ability to pay” from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?

Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien’s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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