Ability to pay question?

[Lobster2]

I have an approved EB2 I-140 in the year 2013. I am planning on having a new petition in EB3.

My employer had losses in the years 2015 and 2017 showing net negative assets. All the remaining years registered a profit including the last 3 years.

I have always been paid wages above my PERM wage. I am submitting my w-2s which show this.

1. Will this be a reason to deny I-140?

2. Will this affect the original I-140?

Thanks!

[Lobster2]

Thanks for your reply!

but if being in negative cash flow would definitely mean they will reconsider.

By this, do you mean current cash flow? Because it was negative for 2 years.

Should we just submit last 3 years tax returns?

Thanks again!