My H1B finished 6 years in Oct 2008,so I had to come on H4.My EB3 labor was filed on Aug. 08 and is now cleared.I want to apply for I140.Problem now is with the ability to pay wages.The Prevaling Wage used for Labor application was $57500.Bcs.I could not work in Nov&Dec my W2 is coming out to be only for $56200.How shd. I justify this shortfall of $1300? Should I just use my last paycheck from Oct08 instead(And Not W2)? What should ideally be my Lawyer's strategy to beat this problem?Should she write a cover letter to INS and explain to them that W2 reflects only 10 Months of Wages?Can you write such a letter for me to use(I can Pay extra for that service to u).My company has less than 100 employees and they show a loss on paper.And No!They won't agree for any outside financial analysis.