Urgent: Greencard from a Small Company

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Hi all,

Currently I am in Stem Extended OPT. There is a small software company (owned by a Nepali Dai) which I work for. Actually we are only two people in that company (Company was established 2007). Actually the company generates zero revenue for now but it has filed all the tax papers and everything in time.

I just want to ask that if I file Greencard from that company ; how much chance is there that my case will be accepted and I will get the Greencard ?

I am in a very crucial situation right now and will appreciate any valuable suggestions.

Thanks !

Lightcz

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sorry for bad news but your chance is very slim or non existence based on revenue. It sound like, the company is more about contract work/3rd party vendor which makes case even more difficult. I'd not try that route.

PeaceSoul

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It will be difficult to get through this company while making no revenue.. how can that company pay you while making no revenue. I know company can be on loss but you should have a good revenue. Like qwest has some 10 Billions on loan or loss but so many people got GC from this company that I know of...

How did you extend your OPT? Ask that dai to generate some revenue... and file .. It does not matter if the company is small or big. I know one of my friend got is GC with 5 employee company ...

papermoon

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the company has to show a profit. Other wise you will not be able to get approved. sorry. The first question that will be seen in immigration is if the company has the ability to pay its employees. They might see this as a fraud too. so be careful.

Last edited: 23-Jul-10 07:09 AM

Atiranjeet

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The company is very genuine.

Our software product has been launched in 2 or 3 places.

Currently, now we are still investing on our software so no revenue and also if the company is paying all the tax from my salary, will that be a problem for my GC ?

santoshgiri

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ABILITY TO PAY PROFFERED WAGE IN I-140 PETITIONS

8 C.F.R. 204.5(g) (2)

Ability of prospective employer to
pay wage: Any petition filed by or for an employment-based immigrant which
requires an offer of employment must be accompanied by evidence that the prospective
United States employer has the ability to pay the proffered wage.

The
petitioner must demonstrate this ability at the time the priority date is
established and continuing until the beneficiary obtains lawful permanent
residence.

Evidence of this ability shall be either in the form of copies of
annual reports, federal tax returns, or audited financial statements. In
appropriate cases, additional evidence, such as profit/loss statements, bank
account records, or personnel records, may be submitted by the petitioner or
requested by the Service.

Ability to pay in the year of filing
can be demonstrated by one of the following most common ways
of satisfying 8 C.F.R. Section 204.5(g)(2).:

(1) The petitioner’s net income in the year of filing
was equal to or greater than the proffered wage; or

(2) The petitioner’s net current assets in the year of
filing were equal to or greater than the proffered wage; or

(3) The petitioner paid the beneficiary a salary equal
to or greater than the proffered wage in that year.

A petitioner must file a fully
completed Form 1-140 along with initial evidence establishing its ability to
pay the beneficiary the proffered wage, as specified under 8 CFR 204.5(g)(2)
which may include copies of:

(1) Annual reports, or

(2) Federal tax returns, or

(3) Audited financial statements

(4) Business Plan with PROJECTED REVENUES.

Te petitioner must submit a copy of at least one of these .

USCIS has also acknowledged that employers may submit
secondary sources of information to supplement the required initial evidence,
but that the USCIS will review such evidence in their sole and absolute
discretion.

Though
the sponsoring employer does not have
to pay the foreign national the proffered wage until the foreign national has
received their green card, the employer has the on-going burden of
proving their ability to pay.

This obligation begins when the foreign national's priority date is established
and ends only when the foreign national receives their green card, at which
point in time the employer is responsible for actually paying the proffered
wage.

It must be noted that the petitioner is not obligated to pay the
proffered wage until the beneficiary’s legal permanent residence is granted.

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