140 RFE - Multiple Beneficiaries query.

[Dumstuck]

Hi All,

I have got 140-RFE, its about Ability to Pay and Multiple Beneficiaries. I'm not sure how to answer this Multiple Beneficiaries query to get it cleared.

Excerpt from RFE for Multiple Beneficiaries -
"Petitioner has filed multiple petitions for multiple beneficiaries which have been pending simultaneously, the petitioner must produce evidence that its job offers to all beneficiaries are realistic and therefore that it has had the ability to pay the proffered wags to each of the beneficiaries if each petition obtains lawful permanent residence. See Matter of Great Wall, 16 I&N Dec, 142, 144-145(acting Reg. Comm. 1977). See also 8 C.F.R. & 204.5(g)(2). "

Here - My company has 65 employees and USCIS says, Beneficiary (employer) has filed for over almost 400 petitions/applications. So there is discrepancy in number of actual employees(65) and number of immigrant petitions(400) filed. Whereas as per my employer since the inception of the company, he has filed for around 35 - 140's.

So from where USCIS is coming up with this count of 400 petitions? Any idea.

What all documentation is expected from USCIS to get it resolved, Is Ability to Pay and Multiple Beneficiaries queries inter related?

Thanks.

[srimurthy]

My thougths, very likely there is a relation. USCIS is infernig that since 400 petitions are filed, the employer should show the ability to pay for all those multiple benefeciaries for whome the filing was done. If not all most of the applications in recent timeframe from your employer should have got the same RFE. I guess the employer should show all the petitions filed and provide evdience that not 400 but 40 is the right count and they have the ability to support and pay.


Hi All,

I have got 140-RFE, its about Ability to Pay and Multiple Beneficiaries. I'm not sure how to answer this Multiple Beneficiaries query to get it cleared.

Excerpt from RFE for Multiple Beneficiaries -
"Petitioner has filed multiple petitions for multiple beneficiaries which have been pending simultaneously, the petitioner must produce evidence that its job offers to all beneficiaries are realistic and therefore that it has had the ability to pay the proffered wags to each of the beneficiaries if each petition obtains lawful permanent residence. See Matter of Great Wall, 16 I&N Dec, 142, 144-145(acting Reg. Comm. 1977). See also 8 C.F.R. & 204.5(g)(2). "

Here - My company has 65 employees and USCIS says, Beneficiary (employer) has filed for over almost 400 petitions/applications. So there is discrepancy in number of actual employees(65) and number of immigrant petitions(400) filed. Whereas as per my employer since the inception of the company, he has filed for around 35 - 140's.

So from where USCIS is coming up with this count of 400 petitions? Any idea.

What all documentation is expected from USCIS to get it resolved, Is Ability to Pay and Multiple Beneficiaries queries inter related?

Thanks.

[qesehmk]

Clearly USCIS is thinking that how come a company with 65 employees today is applying for 400 I-140s.

Now either USCIS is making a mistake Or your employer indeed has filed those many I140s.

There is no third possibility here.

So your employer can easily respond and clarify the situation. I don't see the problem here unless the employer has something to hide.

Since I-140 is between the employer and USCIS - you don't have any action here - whatsoever. All you can do is ask for the status on RFE from the employer or his/her lawyer.

Hope your situation gets sorted out quickly.


Hi All,

I have got 140-RFE, its about Ability to Pay and Multiple Beneficiaries. I'm not sure how to answer this Multiple Beneficiaries query to get it cleared.

Excerpt from RFE for Multiple Beneficiaries -
"Petitioner has filed multiple petitions for multiple beneficiaries which have been pending simultaneously, the petitioner must produce evidence that its job offers to all beneficiaries are realistic and therefore that it has had the ability to pay the proffered wags to each of the beneficiaries if each petition obtains lawful permanent residence. See Matter of Great Wall, 16 I&N Dec, 142, 144-145(acting Reg. Comm. 1977). See also 8 C.F.R. & 204.5(g)(2). "

Here - My company has 65 employees and USCIS says, Beneficiary (employer) has filed for over almost 400 petitions/applications. So there is discrepancy in number of actual employees(65) and number of immigrant petitions(400) filed. Whereas as per my employer since the inception of the company, he has filed for around 35 - 140's.

So from where USCIS is coming up with this count of 400 petitions? Any idea.

What all documentation is expected from USCIS to get it resolved, Is Ability to Pay and Multiple Beneficiaries queries inter related?

Thanks.