I-140 RFE - URGENT

[raj1164]

My 6th year on H1b is ending on May 11th. My employer filed my PERM and I-140 premium processing. The USCIS sent back the application for RFE asking to send my employers previous years tax returns or audited financial statements. My employer does not want to send the tax returns and is fixed about it. He does not know if his CPA can provide audited financial statements. Is there anyway around it? The immigration authorities want to know only that the employer can pay my wages. Is there any other document that my employer can provide to satisfy the immigration authorities of his paying ability? I am really worried as i do not have much time. any suggestion is appreciated.

[Attorney_11]

The ability to pay inquiry can be satisfied by providing proof that the employer is paying the wage specified in the PERM application since the date the PERM application was filed. If that is not the case, then the employer must show Net Current Income or Net Current Assets, as shown on the tax return. If this is not possible, there may be other alternative secondary information which in combination with legal arguments could be provided to USCIS to show ability to pay the offered wage. It may be helpful to see the counsel of a qualified immigration attorney.

[drsachin77]

Hi Raj

I am currently in a similar situation. Looks like you were in a similar scenario a month ago. Can you guide me regrading what you did and if it was successful?

Thanks

Sachin