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i-140 noid

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  • i-140 noid

    priorty date: 22 dec 2014
    filled i140: 4 january 2016
    proffered wage: $45,000
    no pay stubs or w-2 i am not working there until i get work permit EAD

    i have recieve NOID i-140: the reason is ability to pay.

    At the time when my employer filled i-140 he could only provide 1) tax papers of 2014 which demonstrates net income of only 33,000 which is lower than my proffered wager. 2) he submitted unauditted financial statment of 2015 because he didnt filled tax for 2015 until then.

    so Uscis have made intention to deny i140 saying proffered wage is lower than net income of 2014 and they dont accept unauditted financial statement of 2015. it has to be auditted(which takes alot of money n time) they want my employeer to prove ability to pay from priorty date till present

    however now my employeer has filled tax for 2015 in which company net income is 97,000. way more than my proffered wage he got good tax return of 2015. something to defend how my employeer had the ability to pay in 2015 but what about 2014 bad tax and 2016 unfilled tax (obviously tax for term of 2016 will be filled in march 2017)

    my question is how should i give evidence to uscis for ability to pay in 2016? company is small they dont do auditted financial statements

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