I-140 Denied Ability To Pay - Need Help!
Priority Date: 06/09/2003 (GA)
Proffered wage: $ 70,000
I-140 Receipt date: 03/30/07
RFE: 09/14/07 Ability To Pay
RFE Reply received: 12/11/2007
I-140 Denial: 01/09/2008
My company was showing big losses in all these years. Denial letter shows that the company had the following reported assets
2003: 75,631.00
2004: 57,394.00
2005: 34,170.00
2006: (5,401.00)
Denial letter says: Based on the above, petitioner did not have the ability to pay based upon the net assets for 2004 to 2006.
I didnt have enough income to show in my W2 to prove the ability.
2004: 20,000.00
2005: 22,000.00
2006: 62,000.00
Denial letter says: The evidence indicates the petitioner did not pay the wages offered from 2004 to 2006.
My attorney didnt show my 2007 income in the RFE reply. I made $72,000 in 2007.
Yates Memo says I-140 can be approved in any of the following circumstances.
(1) Net income
The initial evidence reflects that the petitioners net income is equal to or greater than the
proffered wage.
(2) Net current assets
The initial evidence reflects that the petitioners net current assets are equal to or greater
than the proffered wage.
(3) Employment of the beneficiary
The record contains credible verifiable evidence that the petitioner not only is employing
the beneficiary but also has paid or currently is paying the proffered wage.
I am on 8th year H1B with the same company. Is 3rd circumstance applicable in my case? If not is there any way around to get my I-140 cleared if I go for an appeal?
Please advice. Thank you all in advance for your help.
Hi All,
My 140 got denied based on Ability to Pay, I am planning on Filing MTR. Can you please guide me on how to proceed as I heard that you are genious handling these type of cases.
my 485 also got filed (aug 07) and got EADs and APs for me, wife and my kid.
Mine was Substitution labour, filed 140 in may2007, got an RFE on dec31,2007 on company financials, RFE was reply replied 31 Jan 2008 and it got denied based on Ability to Pay.
I dont know what to do and I am totally frustrated.
My company is financially strong and have 100 + employees.
Please guide me as I have only 15 more days to respond.
Appreciate your response in this regard
thanks
Priority Date: 06/09/2003 (GA)
Proffered wage: $ 70,000
I-140 Receipt date: 03/30/07
RFE: 09/14/07 Ability To Pay
RFE Reply received: 12/11/2007
I-140 Denial: 01/09/2008
My company was showing big losses in all these years. Denial letter shows that the company had the following reported assets
2003: 75,631.00
2004: 57,394.00
2005: 34,170.00
2006: (5,401.00)
Denial letter says: Based on the above, petitioner did not have the ability to pay based upon the net assets for 2004 to 2006.
I didnt have enough income to show in my W2 to prove the ability.
2004: 20,000.00
2005: 22,000.00
2006: 62,000.00
Denial letter says: The evidence indicates the petitioner did not pay the wages offered from 2004 to 2006.
My attorney didnt show my 2007 income in the RFE reply. I made $72,000 in 2007.
Yates Memo says I-140 can be approved in any of the following circumstances.
(1) Net income
The initial evidence reflects that the petitioners net income is equal to or greater than the
proffered wage.
(2) Net current assets
The initial evidence reflects that the petitioners net current assets are equal to or greater
than the proffered wage.
(3) Employment of the beneficiary
The record contains credible verifiable evidence that the petitioner not only is employing
the beneficiary but also has paid or currently is paying the proffered wage.
I am on 8th year H1B with the same company. Is 3rd circumstance applicable in my case? If not is there any way around to get my I-140 cleared if I go for an appeal?
Please advice. Thank you all in advance for your help.
Assuming that you are employed with the petitioner since 2003 till now, your W2 wages donot show more than the proffered wage for the whole period. I guess that they look for the period since the priority date till you get the adjustment of status that you comply with atleast one of the options that you highlighted below.
But they also consider other factors of strong finances of petitioner from future employment even if your wages are less previously but that case has to be put forward very professionaly and clearly. I would suggest to consult a good lawyer and try to figure out where you can put best figures.
Hi All,
My 140 got denied based on Ability to Pay, I am planning on Filing MTR. Can you please guide me on how to proceed as I heard that you are genious handling these type of cases.
my 485 also got filed (aug 07) and got EADs and APs for me, wife and my kid.
Mine was Substitution labour, filed 140 in may2007, got an RFE on dec31,2007 on company financials, RFE was reply replied 31 Jan 2008 and it got denied based on Ability to Pay.
I dont know what to do and I am totally frustrated.
My company is financially strong and have 100 + employees.
Please guide me as I have only 15 more days to respond.
Appreciate your response in this regard
thanks
Hi greencard517,
Can you provide more details about your case and RFE and also what was included in the Response. As highlighted in the post above, there are three basic deciding factors and if you can prove even one of them, chances are you should get approval. They are
(1) Net income - The initial evidence reflects that the petitioners net income is equal to or greater than the
proffered wage.
(2) Net current assets - The initial evidence reflects that the petitioners net current assets are equal to or greater
than the proffered wage.
(3) Currently employment of the beneficiary with petitioner - The record contains credible verifiable evidence that the petitioner not only is employing
the beneficiary but also has paid or currently is paying the proffered wage.
Also tells us whether you are currently employed ? what is your proffered wage? what is net income of company ? priority dates, rfe dates etc.. basically as much info as you can.. There are many knowledgeable people in the forum and although no one can be fully expert but can atleast give basis on their experience..