I filed I-140 on 05/29/06 based on EB2 RIR. My case is in NSC. When we file I-140 in May, my company had not filed tax return (extended to 9/15/06), and also because my company had a net loss in 2005, I didn’t provide tax return and any other financial statement for 2005. I was hoping that the case will be processed within 2 months and we don’t need to provide tax return for 2005. Unfortunately, my case stayed in NSC, and hasn’t been touched since then. I filed premium processing last week in the hope that by paying $1000 extra, NSC would give me a break, but still, I got RFE notice from NSC today asking for evidence of ability to pay the offered wage.
Following is my situation. My company is a small company, my current H1 wage is $6000 less than the labor certificate wage. My company has enough net income to cover this $6000 in 2004. So I don’t have problem for 2004. But in 2005, my company has net loss. Now, the only thing we may argue is that my boss has another company which has a net income in 2005 (actually, I work for both companies, we just used the major one as the petitioner), combine these two companies, it would come out of a $7000 net income which cover the $6000 difference.
Also, my company is doing very well in 2006, it has a lot of profit in the first three quarters. However, since the ref. notice doesn’t ask for any information for 2006, I don’t know if I should give the 2006 statement to NSC.
My questions to Xiaobaito and twocents is that:
1.Do you think I should give them the tax return of the second company owned by the same person to show the ability to pay? Is it persuasive?
2.Should I give them the income statement of the first three quarters in 2006? If I should, is it necessary to ask a CPA to audit the income statement? Because it is expensive, if it is not necessary, I would not do it. But if you think that the NSC will not look at it if it is not audited, then, I have to do it.
3.Small companies always being doubt for the ability to pay the offered wage. Do you know how other small companies prove they have ability to pay? What other documents that I should provide to help my case? And when we write the petition letter to NSC, what should we state?
Thank you for your time and help! Happy holiday!