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Posted on 02 Jul 2011
Q.

How to answer an RFE about the employer's Ability to Pay

I filed I140 in EB1b with premium processing. I got an RFE requesting the proof of my employer's ability to pay my wages ($100,000 per year).My company is a startup. Their tax returns (already sent to USCIS) show negative income; their financial statements (already sent to USCIS) are unaudited. My own W-2s, paystubs and personal tax returns had been sent to USCIS to show that company is paying me. The company has been paying me for the last 2.5 years and will continue to pay. They have got investor funding. They can give me their bank statements if needed.In 2010, I made 2.5% lower than my proffered wages because of a furlough in my company.Last month I went on a family leave of absence and lost 2.5% of my proffered wages.
WHAT'S THE BEST WAY TO ANSWER THIS RFE IN THE GIVEN CIRCUMSTANCES?

User's Location: Pasadena, California, United States of America
Category: Employment-based Green Card
Posted on 04 Jul 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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