Guestbook Entry for Thirumal Banda , United States
Name
Thirumal Banda
Country
United States
State
DE
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Guestbook Entry for Seshadri Ram , United States
Name
Seshadri Ram
Country
United States
State
Maryland
Comment
I'd like to thank from the bottom of my heart, Mr. Khanna and his staff Ms. Sheena Gill, for their prompt support and advise and attention to details in my I-140 RFE response and making it possible for me to get through it. I could not imagine how my case would have turned out, without their involvement and timely advise in my case.
Thanks again for all the support and making this happen.
Ability to Pay
Question details
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
Mr.Rajiv Khanna and his team are handling my GC process. I interacted with Rita Dhakal for entire GC process; My Labor and I140 are approved without a issue. I also applied EAD cards renewal (Mr. Khanna Office reminded me) for my wife and me. They were submitted for approval. By looking at the entire process and Mr. Khanna team, I always feel I am getting the best service. Rita is very cooperative, faster response and great knowledge.
I always recommend my friends to Mr. Khanna team.