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EB2 Green Card Application:
PERM Application Filed: 03/25/2013
PERM Application Approved: 11/12/2013
I-140 Filed: 04/17/2104
Received NOID: 09/18/2014
Responded to NOID: 10/01/2014
I 140 Denied: 12/23/2014
NOID Details, USCIS raised concern for following points:
Ability to Pay:
My Company is a startup and we are losing money from last 2 years as we are investing in building our product and company is running on money raised from investor. My company submitted all the required financial document and USCIS concluded that company’s net profit or assets are not equal to or more than the offered wages.
My priority date was 03/25/2013, in year 2013 my salary was $5000 less than the prevailing wages but in year 2014 my salary was little over the prevailing wages for PERM application.
Experience:
I submitted the affidavit from my previous company’s supervisor as my previous company does not provide the detail experience letter. USCIS objected for not providing proof of primary and secondary evidence that my previous company does provide detail experience letter and ask for more details like w2 / pay stubs from my previous company. We submitted written E-Mail correspondence and other evidence that my previous company does not provide detail experience letter. Also, we submitted paystub / W2 for 4 years and offer letter from my previous company.
Question:
1: My employer is filing the new PERM application for me, there is no change in company’s financial but this time we will have prevailing wages paid starting the priority date (PERM application filing date). Is this enough to answer the Ability to pay question raised by USCIS? What else a startup can do to show the ability to pay criteria?
2: We are planning to file AAO for denied I-140, does open AAO would have any impact on new PERM application and if approved on new I 140 application?
3: I have my H1B valid till 04/26/2016, will I be eligible for one year H1B extension based on new PERM application filed before 04/26/2015?
It would be great help if you can provide any relevant information
PERM Application Filed: 03/25/2013
PERM Application Approved: 11/12/2013
I-140 Filed: 04/17/2104
Received NOID: 09/18/2014
Responded to NOID: 10/01/2014
I 140 Denied: 12/23/2014
NOID Details, USCIS raised concern for following points:
Ability to Pay:
My Company is a startup and we are losing money from last 2 years as we are investing in building our product and company is running on money raised from investor. My company submitted all the required financial document and USCIS concluded that company’s net profit or assets are not equal to or more than the offered wages.
My priority date was 03/25/2013, in year 2013 my salary was $5000 less than the prevailing wages but in year 2014 my salary was little over the prevailing wages for PERM application.
Experience:
I submitted the affidavit from my previous company’s supervisor as my previous company does not provide the detail experience letter. USCIS objected for not providing proof of primary and secondary evidence that my previous company does provide detail experience letter and ask for more details like w2 / pay stubs from my previous company. We submitted written E-Mail correspondence and other evidence that my previous company does not provide detail experience letter. Also, we submitted paystub / W2 for 4 years and offer letter from my previous company.
Question:
1: My employer is filing the new PERM application for me, there is no change in company’s financial but this time we will have prevailing wages paid starting the priority date (PERM application filing date). Is this enough to answer the Ability to pay question raised by USCIS? What else a startup can do to show the ability to pay criteria?
2: We are planning to file AAO for denied I-140, does open AAO would have any impact on new PERM application and if approved on new I 140 application?
3: I have my H1B valid till 04/26/2016, will I be eligible for one year H1B extension based on new PERM application filed before 04/26/2015?
It would be great help if you can provide any relevant information
