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Immigration Issues/I-140- Ability to pay

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Question
Hello Sir,

Here is my current situation.

I have a EB3 140 approved/ 485 Pending from my previous Employer with Aug 2003 Priority Date. Last Jan I filed a new EB2 Perm through my New/ Current Employer and it got approved few weeks ago. While Filing preparing for 140 and porting, My attorney found that the new employer's financial statements of 2003 and 2004 are not supporting the "Ability to pay" clause defined by USCIS and he feels my case may get rejected when submitted for porting of Previous priority date.
My Questions is

Does it really matter about 2003 financial of New employer ?
What are my options here : I badly need to use my old priority date so i can get my GC approved sooner. Please advice

Answer
Hi,

The new employer will only be required to show ability to pay the offered salary from the date of filing the new PERM. Thus, the latest federal tax return or annual report or (audited is preferred) financial statements are required. If the employer has 100 or more employees, only a letter from the chief financial officer of the company indicating ability to pay the offered salary is required.

You can totally disregard the new employer's 2003 financials. Indeed, I recommend that no financial documentation prior to the filing of the new PERM be filed with the I-140 petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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