Immigration Issues/Filing another labor under for same employee
My company filed a labor in 2003 which was certified by backlog center and the company later filed I-140, now the company got an RFE on ability to pay from 2003 onwards. The company had small profits and small net assets in 2003, 2004 and 2005. I am in the 7th year of extension which ends in Sept, 2008. The company is making good money now, can the same company file a new PERM Labor for me in same or different occupation and meanwhile they will send a reply, so that if it is denied company can file fresh I-140 on the basis of PERM certified Labor?
Your current case can get approved, if they issue you a 1099 showing they paid you the going rate for the each year 2003/2004/2005 and 2006/20007 and paystubs for 2008.
They can file a Perm for you but this will delay your case a long time.