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I-140 Employer's ability to pay
I work for a family company where the two owners have several LLCs in their names. One of the LLCs has employed me on a part-time H1B visa for almost a year. My PERM through that LLC has already been approved in December 2016 (filed in September 2016).
This brings us to the second stage of Green Card, i.e., I-140.
The two partners pay me from their personal savings, through the LLC.
So, money from their accounts is transfered to the LLC every month in order to pay my current monthly wage.
The LLC that filed for my PERM doesn't have net income in its last 3 years tax returns of more than my proffered wage ($133,000). This is because this LLC was working towards building the business over the last 3 years.
The LLC doesn't show any assets in schedule L of the tax return of the last 3 years indicating assets worth more than #133,000.
My current income is based on the part-time visa, hence, my current wage is less than the proffered wage.
However, the owners can easily allocate more than $1,000,000 into the LLC indicating their ability to pay me the proffered wage in the future. Also in the months of October, November and December, the LLC has more than $2,000,000 coming in as revenue.
Also, the owners are willing to provide a personal guarantee than they will pay me the proffered wage once the I-140 is accepted.
How do I work this situation out with my lawyer establishing the LLC's or the owner’s ability to pay me the proffered wage in the future?
This brings us to the second stage of Green Card, i.e., I-140.
The two partners pay me from their personal savings, through the LLC.
So, money from their accounts is transfered to the LLC every month in order to pay my current monthly wage.
The LLC that filed for my PERM doesn't have net income in its last 3 years tax returns of more than my proffered wage ($133,000). This is because this LLC was working towards building the business over the last 3 years.
The LLC doesn't show any assets in schedule L of the tax return of the last 3 years indicating assets worth more than #133,000.
My current income is based on the part-time visa, hence, my current wage is less than the proffered wage.
However, the owners can easily allocate more than $1,000,000 into the LLC indicating their ability to pay me the proffered wage in the future. Also in the months of October, November and December, the LLC has more than $2,000,000 coming in as revenue.
Also, the owners are willing to provide a personal guarantee than they will pay me the proffered wage once the I-140 is accepted.
How do I work this situation out with my lawyer establishing the LLC's or the owner’s ability to pay me the proffered wage in the future?
