Contour-- you were right about few things -- but USCIS looks for ability to pay from the day Labor was submitted  To someone gets the premanent residence. That is a requirement.  Lets say if you file perm in Arpril 2008 and got approved in July 2008 and then you file the I-140 in july. At this time your company wont have 08 tax return so USCIS relies on net income company had for 07 or quarterly return for 2 qtrs of 08. If netincome was not good in 07 but company is paying the employee that matches the offered wage in GC, then just attached 2008 Paystubs, it should take care of the issues.

One of my freind's I-140 was approved and he was just waiting for 485 approval but USCIS revoked the approved I-140 stating that company didnt have the ability to pay. Their argument was that company had filed over 1000 I-140s since 2002 and they asked the company to show the proof of ability to pay all of these employees. Though company had pretty good gross income of over 40mil, and netincome and assets of about 2Million,. how ever they did  not have enough to pay all candidates and they revoked most of the approved I-140 including my friends.... He wasted 3 last years there for g/c, and finally he had his turn to get one....uscis revoked it. Again, having said that you just have to be careful about these Indian IT companies who had their business survived with Labor Subsitution until last year where they filed so many I-140 substitution for future employees and they were not in payroll.... because of that it makes harder to get approved.

Other 3 years individual taxes are for 485, and it does not have impact on 140. At the time of 485 adjudication, officer wants to know if you are working legally and paying the right taxes