EB2 140 ability to pay question, please help...

I am preparing my EB2 140, just got perm done. My wage meets the LC wage. Since I joined this company this year, I don't have w2 yet. Company size is 35 and gross income is 3.5M. Because it is a start-up company(established at 2001), the net income is below zero. My lawyer said I will be ok since from day one I meet the LC wage, and we dont need company tax return/financial statement... I am little worried about getting RFE...Do I need ask company for tax return/financial statement.. or I am ok for the ability to pay.

Please help, thanks~~~~~~~~~~~~~~~~~