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.
I finally received my green card this month after 5 years. Just a little background, I been working with Rajiv ji since 1999 , I almost have 6-7 H1 extensions. I started my GC process before Perm and been through almost all the possible complications one can have. I can proudly say that with help of Rajivji and team I am able to finish that journey without losing the hope. I got an opportunity to talk to Rajivji for than 6-7 times on different problems. I am really amazed the way he handles these repetitive questions with sincerity and in-depth knowledge of his trade.
On one Friday I received a notice that USCIS transferred my I-485 case to AAO by mistake even after they approved my second I-140. I was really upset as it means there will be at least 18 months delay even if my date is current. To my surprise I received CC email from Mr.Khanna on early Saturday morning guiding his team about next step. It clearly shows how closely he monitors most of his cases.
Also many thanks to [b]Sumanji,Anna, Mathew,Rita,Bharthi,subba,Pranita[/b] and other staff members who are very co-operative during this process.
I am greatly thankful to one of Rajivji’s [b]attorney Ms Sheena Gill[/b], with whom I worked for last two years. She is more than one can ask to get[b] best case manager[/b] on your case. Since USCIS send my case I-485 to AAO it was clear that this case will go nowhere. Sheena was super prompt in following up the case during this time. Without her efforts it was not possible to reach at this stage.
I am thankful to Mr.Rajiv Khanna and his staff for all the help during these nine years.