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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1  
Old 02-21-2008, 05:17 PM
seemashah seemashah is offline
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Mar-02
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Default I140 RFE for future employment

Hi:

I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
  • Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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  #2  
Old 02-21-2008, 05:31 PM
ras ras is offline
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May-05
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I140 Mailed Date
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07/15/2007
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Default am in the same shoe

but not all the details have been asked except for the ability to pay and 2007 tax returns.
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  #3  
Old 02-21-2008, 05:49 PM
EndlessWait EndlessWait is offline
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EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough EndlessWait is a jewel in the rough
Default forget it..

Quote:
Originally Posted by seemashah View Post
Hi:

I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
  • Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.

i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
well its all these body shop companies who have created this mess.
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  #4  
Old 03-20-2008, 12:28 PM
gckalafda gckalafda is offline
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Priority Date
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Apr-03
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I140 Mailed Date
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01/02/2007
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03/02/2007
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Default I got RFE on 140

I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.

Thanks
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  #5  
Old 03-20-2008, 12:35 PM
kumar1 kumar1 is offline
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Priority Date
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Jul-05
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I140 Mailed Date
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07/25/2007
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Default

I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.
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  #6  
Old 03-20-2008, 12:40 PM
roseball roseball is offline
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Priority Date
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Nov-03
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I140 Mailed Date
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03/03/2007
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06/30/2007
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Default

Quote:
Originally Posted by kumar1 View Post
I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.
What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...
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  #7  
Old 03-20-2008, 12:46 PM
gckalafda gckalafda is offline
Junior Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
01/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
03/02/2007
Compare
Join Date: Feb 2008
Posts: 16
gckalafda is on a distinguished road
Default

RoseBall,, here is my query..Please answer


I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.

Thanks
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  #8  
Old 03-20-2008, 01:04 PM
karthkc karthkc is offline
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
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I485 Mailed Date
:
07/04/2007
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Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default

Quote:
Originally Posted by gckalafda View Post
RoseBall,, here is my query..Please answer


I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.

Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.

If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..

My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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  #9  
Old 03-20-2008, 01:14 PM
mhathi mhathi is offline
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Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
11/14/2006
Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
:
06/29/2007
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Default

Quote:
Originally Posted by roseball View Post
What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...
Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.

Am I correct?
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