So, I got my PERM approved about two months ago.

Now, the I-140 hasn't been filed yet.

But, my company is less than 100 people and is saying they will not give out their tax return. There is no audited financials available as well. They will also not give out any sort of confidential financial information to the government.

The lawyers asked for W2 and paystubs which is thankfully above the PWD. So, looks like they are only sending my current salary for ability to pay.

What are the chances of RFE on the I-140? Anyone face a similar situation? I couldn't find anything with searching on the web.

Only submit what is required for I 140.No company wants to open can of worms. If your application gets audited for 'ability to pay' the company will have to submit all financial docs mandatorily else they may be in big problem . Not sure why are you asking all confidential docs early. Submit application with basic requirements(w2,paystubs etc)

Thanks. My I-140 was approved with just my W2 and pay stubs.

I am in Student Status working with my STEM EAD with TPS approved(no EAD) and want to apply GC. Can i apply under TPS category while still working under STEM EAD?

As a student using STEM EAD, you can not file GC cos F1 student can not file.
While on TPS , if you use your EAD and your sponsoring company is willing to file GC, then they can do so provided you are full time employee (You have W2 and paystubs running).
Having said that, your F1 status will be changed to TPS.

Buttom line: You have to give up F1 and apply GC under EB2 or EB3. GC is a lenthy and time consuming process and takes anywhere between 1.5 to 2 years. You have exactly 19 months before TPS expire. So plan accordingly and take necessary steps with backup plan. Better talk to professional lawyer if your company is willing to sponsor you for GC.

neerman, not true. Not true. NOT TRUE!!!!

Anyone can file for GC, even people not in the US. Even the employment based GC is based on a future job offer that starts after the GC EAD is received.

GC application does not have a per-requisite of any sort of status.

It's only a problem for people from India because it takes them 10 years for their priority date to be current and have different problems. So, that's why a lot of disinformation out there.

@ m00se,

You are right about the GC insight, it's a future employment.
Employment based GC (EB2 or EB3) is filled only under certain conditions by sponsoring company.

1. if you are in H1B and working for the sponsoring company.
2. If you are in any other status with Work Authorization (like Asylum etc.), not in F1.
3. If you have EAD (not from STEM EAD. STEM EAD is soley for the purpose of the academic experience , OPT/CPT). I do not think any sponsoring company will file GC through your STEM EAD. They first file H1B and and once you become FULL TIME employee, they might later file GC.

My question: Do you think any Nepali living in NEPAL can find a sponsor company in US who will be filing the GC for them under EB2 or EB3. Give me any success story please.

@neerman

Yes, a Nepali in NEPAL can be sponsored. For example, he's an expert in something and the US company wants him to work for them.

Look at the stats for the approved PERMs. There are quite a few where the address of the sponsored person is not in the US.

@m00se,

good to hear that GC in EB2 or EB3 sponsoring candidate in Nepal.
I would like to know the success rate too. Do you know any case history who got through all these and approved unlike EB1 category (you might have seen lots of Artist- Singer,Actors,Actress, Celebraties getting GC directly from Nepal, EB1 category defines that they are really extra-ordinary, they do not need even sponsorship)

I have seen green cards getting approved for cooks , as long as you meet the requirement you should be fine.

btw m00se ,how long did it take for the I140 to be approved.
If I file I140 and 485 at the same time , how long of a wait should I be expecting ?

My PERM was filed on august 23 , looking at the perm stats I see people are already getting approved on that same date range ..I have to go to nepal ..not sure If I wait for the approval and file I140 / 485 and go with that AP instead of the TPS AP.

Let me know what you guys think.

@fdpower,

I did priority processing for I-140 and it took two days.

My problem was that company did not submit the I-140 for 3 months after my PERM was approved. So, depends on how fast your company will go from PERM approval to I-140 filing.

When filing concurrently, you don't have to send the 140 and 485 applications at the same time. You can send the 485 when you have the 140 receipt notice 797 from the lawyers. I did not know this and did priority since everything was taking so long.

Thank you @neerman and @moose for your reply. I totally agree with moose bro it can be applied on any status. Just check http://www.myvisajobs.com/Reports/2016-Green-Card.aspx?T=VS .... F1 is 3rd after L1 and H1B on GC filing so its definitely possible to get GC under F1 if the country's priority date is current. So my question is since my TPS is approved can my employer file under TPS rather than F1? Because I am maintaining both status so technically I'm on TPS Status too while working under F1 STEM EAD. Also if u file under a status say F1 status you have to maintain it until you get your GC right? no switching to H1B or TPS....this part got me little confused.....i think there are risks associated if i leave my F1 status and come solely under TPS