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Posted on 16 Feb 2011
Q.

joining at I-140 stage and ability to pay criteria

A prospective employer is willing to file my PERM first and asking me to join after PERM is approved and just before applying I-140.If I join before applying my I-140, work 2-3 months have pay stubs( that shows the prevailing wage) from that employer, will that be enough to prove the ability to pay or still that employer has to have the net income more than or equal to the prevailing wage?.My thought is if I decided to join after getting GC then only the company should prove that their net income is more than the prevailing wage to get the I-140 approval and other situations like when I join before applying I-140, last 2-3 months pay stub from that employer is enough to prove the ability to pay.Please explain me the risk involved during 140 stage in such a situation( joining after PERM ).

User's Location: danbury, Connecticut, United States of America
Category: Employment-based Green Card
Posted on 17 Feb 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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