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  • I-140 filing

    The company I worked for is paying me 37K right now But labor of department asked the comapny to pay 47K. My company signed the letter ofcourse to be paid that amount after I get my green card and we got approval for labor cert.
    My attorney is ready to file for I-140 The problem is the company's tax return shows a big loss, which my attorney thinks is not good for my case, since the company can not show to INS that they are able to pay me my salary difference (10K)with showing all that loss on tax return. So my questions are

    1) what other documents my company if they are willing to, can provide to INS to show them they are able to pay me 47k salary.

    2) How weak my case is because of the compnay showing loss eventhough I am already working with them and they are paying me 37K right now.This is my last year on my H1-B.

  • #2
    The company I worked for is paying me 37K right now But labor of department asked the comapny to pay 47K. My company signed the letter ofcourse to be paid that amount after I get my green card and we got approval for labor cert.
    My attorney is ready to file for I-140 The problem is the company's tax return shows a big loss, which my attorney thinks is not good for my case, since the company can not show to INS that they are able to pay me my salary difference (10K)with showing all that loss on tax return. So my questions are

    1) what other documents my company if they are willing to, can provide to INS to show them they are able to pay me 47k salary.

    2) How weak my case is because of the compnay showing loss eventhough I am already working with them and they are paying me 37K right now.This is my last year on my H1-B.

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    • #3
      I have an additional question. Is it possible to file the second time I-140 for the same labor certification after the first I-140 denial or the case is closed?

      I have exactly the same problem but my difference is bigger 25K and the prevailing wage 70K.

      Most of the companies show a loss.

      If the difference is small INS can approve.
      The important factors are:
      1.) company assets (>1,000,000$)
      2.) number of employees (>50)

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      • #4
        Are a company in loss cases being denied or approved?

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        • #5
          H1b can be issued when a company have a loss on its financial statement. However, I don't know if things have changed since enron and worldcomm fiasco.

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          • #6
            Thanks Mark for your answer. It gave me some hope.Are you in a same situation like mine. There is some think company can provide to INS to make the case storng. Actaully thats what I am trying to find out.
            Also I think INS treat H1-B visa little different than when you apply for employment base green card.
            Thanks in advance for evey bodys answers.

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            • #7
              Is any body out there have some information, guidance or any comments on this. ..... Please help

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              • #8
                I have fired my attorney because he wanted to abandon my case.
                The second attorney asked my company accountant to provide some additional evidence of my company assets and income that were not shown on corporate tax returns.
                Contact your company accountant ASAP, get a good letter from him and response.
                Sara,
                Your problem is identical with mine.
                Please contact me if you want a good attorney (narodowy@yahoo.com).

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