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Hi Everybody,
My labor certification approved 3 months back. Now I want to apply for I-140/485. But I am really concerned about "Ability to pay wages".
I filled labor cert in july 2002. My company has been showing loss for last 3 years. they haven't file taxes for 2003. They are paying me 13000 less than the proffered wage they put in Labor cert. They have been paying me H1 wages even less for last 3 years . Company doen't have any bank balance etc. I have consulted different local attorney and losed money and was not satisfied with their answers sice they are not up to date and doesn't have clear idea.
So I seek your kind advise since I have seen very knowledgeable/smart disscusion on this forum from you guys. Please help me out of this nightmare.
My only guess is if the company can show net assets more than proffered wages by putting account recievables towards assets. Please advise will it work and whatproof they will need. Or if company start payng me proffered wage they put it in Labor cert from today (may be i can pay them taxes) will that work and what proof they will ask. Please help me with your wise advise how to deal with this situation and get my case aapproved avoiding Rfe. Should I do concurrent filling of I-140 & 485? And on what stage I should file for my dependents keeping in mind my I-140 concern. I will highly appreciate your prompt advise and will for sure pray for your health and life. Thanks
My labor certification approved 3 months back. Now I want to apply for I-140/485. But I am really concerned about "Ability to pay wages".
I filled labor cert in july 2002. My company has been showing loss for last 3 years. they haven't file taxes for 2003. They are paying me 13000 less than the proffered wage they put in Labor cert. They have been paying me H1 wages even less for last 3 years . Company doen't have any bank balance etc. I have consulted different local attorney and losed money and was not satisfied with their answers sice they are not up to date and doesn't have clear idea.
So I seek your kind advise since I have seen very knowledgeable/smart disscusion on this forum from you guys. Please help me out of this nightmare.
My only guess is if the company can show net assets more than proffered wages by putting account recievables towards assets. Please advise will it work and whatproof they will need. Or if company start payng me proffered wage they put it in Labor cert from today (may be i can pay them taxes) will that work and what proof they will ask. Please help me with your wise advise how to deal with this situation and get my case aapproved avoiding Rfe. Should I do concurrent filling of I-140 & 485? And on what stage I should file for my dependents keeping in mind my I-140 concern. I will highly appreciate your prompt advise and will for sure pray for your health and life. Thanks
