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zibrnp

Ability to pay wages and tax returns.

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If you are the employer you will file I-140, your employee can file I-485, these two forms can be filed concurrently.

If you are an employee then you will file I-485, your employer files I-140.

I am not sure about I-140 , you may read instructions, but I would assume that W-2 can not establish an ability to pay wages, it can only establish the fact that they were paid. Ability to pay can be established by demonstrating balance sheet of the company.

Try to search forums/sub-forums and articles describing I-140/I-485 petitions, I think most of users on this forum are immediate relatives of beneficiary or beneficiaries of immediate relative petitions not I-140's.

I am not a lawyer, above is not a legal advise only my personal subjective opinion.

Good luck.

I-485/I-130 filed: January 26,2012 (130/485 sent to Chicago lockbox, transferred to MSC, field office Baltimore, MD).

I-130 Approved: June 25, 2012

I-485 RFE issued: June 25, 2012

Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.

I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!

I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12

Green Card in Mail: 08/11/12

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Filed: Timeline

Hello,

I have founded below document on one of the forums:

http://www.uscis.gov/files/nativedocuments/abilitytopay_4may04.pdf

On the bottom of page 2, I can read:

"CIS  adjudicator should make a positive ability to pay determination in any one of the following circumstances:"

I think "Employment of beneficiary" apply to me and it says: 

"The record contains credible verifiable evidence that the petitioner is not only employing the beneficiary but also has paid or currently is paying the proffered wage"

I am guessing that W-2 is verifiable evidence of may wages.

Do I understand this correctly?

Thanks for any input.

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