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What does I-140 process focus on and what are the W2 and paystub requirements for I-140?

San Jose, CA |

I got my I-140 approved from an employer in with PERM priority date in year 2010. Then I had to switch employers (in 2011) and got my Labor approved this year (2013) with new employer. For filling I-140 with new employer the company lawyer (as a standard requirement I guess) wants all paystubs and W2s right from my previous I-140 priority date (i.e. in 2010). Is this a standard requirement? I don't understand why would paystubs and W2s from my previous employer help for my I-140 filling with new employer (unless the lawyer assumed that previous I-140 was filled by my new employer and asked by mistake). My understanding is that I-140 process focuses on measuring the ability of the sponsoring employer's ability to pay, and nothing to do with my previous employer. Is my understanding correct?

Attorney Answers 3


  1. Best answer

    Your analysis appears to be correct. Your W-2 and pay stubs would be relevant for showing that the current employer is capable of paying the salary for the PERM position, esp. if it appears that the employer would make a net profit after paying the salary amount stated in the PERM application.

    The I-140 filed by the new employer should request porting of the priority date of the original I-140. Please schedule a consultation with an immigration attorney if you cannot communicate effectively with your current attorneyl


  2. No, that is not a "standard requirement" for the new I-140 to be filed by your current employer. Strange, but I don't want to second guess your lawyer. He or she should be in position to give you a clear answer as to the rationale of such a request.
    Yes, your understanding of the focus of the "ability to pay" requirement is correct.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Have you traveled since your previous PERM filing?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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