CP in 3 wks, found salary mismatch in LCA & I-140

C

chriss

New Member
Hi all,

My CP interview is set over 3 weeks from now, and company\'s lawyer tells me now that my current salary is below salary declared in I-140 & Labor Certif. ETA750. No time to amend petition & LCA with updated salary until the interview, so the lawyer suggested the company should give me a letter, promising that it will pay me the full salary noted in petition & LCA at the time the GC will be approved. Is this safe ?

Here\'s some background info:
I\'ve been working for 1.5 yrs. at the same company. Started as F-1, changed to H1B, straigth forward process, with constant salary equal to salary from I-129 & ETA9035. Same figure was entered in I-140 & ETA750 when they filed for my GC as EB3. Due to recession, company cut everybody\'s salary with 5% in Oct \'01. Company\'s lawyer amended my I-129 & ETA9035 with the new reduced salary, to not go out of H1B status. But didn\'t ammend the GC papers (petition & LCA). So the numbers went out of sync in Oct \'01. The lawyer didn\'t tell me a thing about this for 3 months, until now, when I\'m 3 weeks before the CP interview, and wants to patch things up with that weird letter of promise from company, that the future salary will match the one declared in the official GC papers.

What should I do ? Trust the lawyer\'s solution ? Postpone interview until I-140 & ETA750 get amended and approved with the reduced salary ? Is there a prevailing wage assoc. with GC process that has to be lower than my current salary ? Didn\'t see a prevailing wage on my I-140 & ETA750.

I need your help immediately, please. Thank you.
 
Chriss,

There are many opinions about this situation since many CP people are facing the same issue.

Your GC is for a future job, so if your company gives you your employment letter stating that after you become a PR they\'ll pay you your promised salary, you should be OK. It is always a credibility issue. However, this does not sound bad since your present salary is 5% lower, so it is quite credible that your company will pay you the promised salary once you become a permanent resident. It is important that your company indeed agrees with this and pays you as agreed after your successful CP!

I do not think that you can amend your LC and I-140 in regards to the salary issues. I think you would have to start the whole process from the very beginning. I also think that it is very risky in the present economic environment since many people are being denied at the LC level by DOL.

Another possibility is to postpone your CP interview until you get a raise to your LC&I-140 salary level.

I am not a lawyer! Good luck!
 
Not a problem

There are other people with similar situation where current salary is less than the salary declared in I-140 and labor certification. So long as you get a letter saying that the salary declared in the petition will be paid after you return as a permanent resident, this should not be a problem.

Even if you get a letter saying that the company will pay you your current salary which is 5% less than salary in petition, this will still not be a big issue and it is unlikely that you will run into a problem because market salaries have generally gone down due to the recession and the consulate people understand this.

However, if you get a letter from the company that they will pay you the salary in the petition, you will not run into any problems whatsoever.
 
Thanks for the good news...

Your answers alleviated somehow my anxiety. Hope it works. Thanks again.
 
Re: Chriss

And don\'t forget to sue the f****** lawyer. These lawyers are so high handed and arrogant almost as if they were gods. They don\'t realize that they are usually at 1% of the IQ of the people whose GC apps they file.
 
No Title

same position guys CP in another 3 weeks and lawyer told me the same thing yesterday only 2 options
1. Get the letter from the comapany that they will pay U that much in my case there is 8% diff in labour to what I make.
2. The other option is to postpone the CP I\'view till U\'r next hike
which in my case is around April.
I am still in the process of getting that letter...
 
Chirss, I was also in the same situation

My LC draft papers that me and my managers signed showed the salary that I was receiving then, but the lawyers along with my company\'s immigration dept. changed the salary and did not inform me about the change. I was lucky to catch it when I asked for a copy of my LC application, they had to file for I-140 with the same salary as mentioned in LC.

My manager agreed to change my salary. I was lucky to get that change.

So, talk to your manager, and see what he says. I am sure if he is understanding he is going to increase your pay by 5%, since it is not a big offset.
 
No Title

i was in similar situation.. my employement letter stated that my current salary is $x and on approval of permenant residency it will be raised to $y.

Consulate accepted it and i was not asked any question...

best of luck... i will pray for you...
 
New visa fees from 01/14/02 1US dollar = Rs.49 not Rs.48 anymore

From Jan 14th onwards the immigration fees has been changed. The 1 US dollar = Rs. 49. IV fees are $260 x Rs.49 and $65 x Rs.49.
 
GUYS PLEASE ADVISE! Just got to know

this morning from the f***** attorney that my current salary
is less than LC. I am in the process of getting that letter
from manager with future salary,but ass***** is giving me a hard time. Says cant give that letter as they cant promise that i\'ll get a raise after i get back. Can i take a letter with just my current salary. DOnt know what is going to happen :(
Any suggestions....................
Guess i am really Despo now
 
Experts please advise on the wording

The draft letter which they gave me says
"In this position, Mr. X will receive an annual salary of at least $ZZ,YYY." (Which is less than LC)

Can we say something like this.

It is our intention that Mr. X\'s employment be permanent, conditioned by the regular and reliable performance of his duties, and Mr X can receive an annual salary of $ZZ,YYY + 4500.
 
Hey Men same problem... i have difference more than 27%

i dont know how i didnt noticed that out earlier?
what do i have to do incase my company doesnt gimme that letter.
 
Where is the Salary mentioned in LC?

Is it the hourly rate you guys are talking about?.I haven\'t seen any Net Income mentioned in the LC

Regards,
 
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