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Hi,
I was working with Company A (I didn't bring the name of the companies for sake of confidentiality) on H1B as of September 2009. My H1B is valid until November 2012. The company applied for Labor Certificate in 2010. Later the company merged with company B in 2011. Right after merging they applied for my green card based on company A, although I received my pay checks from Company B. Since company A applied for my green card based on EB2, the company's attorney filed I-140 and I-485 at the same time. We went for Bio-metric process in Jun 2011. Now USCIS wanted more documents about company A showing that they can afford my salary, while my salary is paid by company B and company A had lost in 2011. So the attorney gave us two options here:
Option 1. submit the merger documents, tax returns and other documents along with a letter from Company B to explain a) the merger/reorganization, b) Company A continues to exist as an independent subsidiary of Company B after the merger but its income tax is reported in a consolidated income tax return filed by Company B, c) I continue to be an employee of company A but for tax and accounting purpose he receives W2 and pay checks from Company B.
Option 2. File an amended I-140 petition with all support documents including the merger documents, confirmation of an offer of employment as stated in the labor certification application, and financial/tax returns from both companies showing financial ability to pay the offered wage as stated in the labor certification application.
However regardless of selecting any of the above options, the attorney seems like hopeless and mentioned that "No matter which option we take, based on the financial information on Company's A 2010 tax return alone, USCIS will deny Farhad's I-140 for employer's lack of the required financial ability to pay the offered wage".
I'm sorry for the long message here, but I'm really confused and frustrated about the process of my green card. I cannot see any way to follow the process after about 6 years working and hoping to get my permanent residency.
Any thoughts or comments would be much appreciated.
I was working with Company A (I didn't bring the name of the companies for sake of confidentiality) on H1B as of September 2009. My H1B is valid until November 2012. The company applied for Labor Certificate in 2010. Later the company merged with company B in 2011. Right after merging they applied for my green card based on company A, although I received my pay checks from Company B. Since company A applied for my green card based on EB2, the company's attorney filed I-140 and I-485 at the same time. We went for Bio-metric process in Jun 2011. Now USCIS wanted more documents about company A showing that they can afford my salary, while my salary is paid by company B and company A had lost in 2011. So the attorney gave us two options here:
Option 1. submit the merger documents, tax returns and other documents along with a letter from Company B to explain a) the merger/reorganization, b) Company A continues to exist as an independent subsidiary of Company B after the merger but its income tax is reported in a consolidated income tax return filed by Company B, c) I continue to be an employee of company A but for tax and accounting purpose he receives W2 and pay checks from Company B.
Option 2. File an amended I-140 petition with all support documents including the merger documents, confirmation of an offer of employment as stated in the labor certification application, and financial/tax returns from both companies showing financial ability to pay the offered wage as stated in the labor certification application.
However regardless of selecting any of the above options, the attorney seems like hopeless and mentioned that "No matter which option we take, based on the financial information on Company's A 2010 tax return alone, USCIS will deny Farhad's I-140 for employer's lack of the required financial ability to pay the offered wage".
I'm sorry for the long message here, but I'm really confused and frustrated about the process of my green card. I cannot see any way to follow the process after about 6 years working and hoping to get my permanent residency.
Any thoughts or comments would be much appreciated.
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