I-140 Approved

V

vault

Registered Users (C)
I checked the VSC AVM, and heard the wonderful news. Details below:

Classification: EB3
PD: 08/25/1998
ND: 12/12/2001
AD: 04/02/2002
Labor: Substitute Labor (Original I-140 was approved in Aug
                   2001. Had to refile I-140 since work and salary
                   changed drastically (not an increase though.)
 
Congrats

Can you tell me the approximate percentage of change I also filed 140 and my salary is also changes(not an increase).

But i heard that GC is only for the future and does it matter how much we are earning now.

Thanks.
 
No Title

B V

Yes GC is only for the future, but your salary has to match the $\'s disclosed in your LC. If this does not match, and your company file\'s for I-140,with a different salary, INS will either deny the I-140 or do an RFE (unless they approve it by oversight).

If your I-140 was already approved, then you can still file I-485, but your company need to write a letter stating that they will pay you the salary which was on the LC, and they will have to pay you that salary. If they don\'t and if INS audit\'s your company, INS might revoke your GC.

20% reduction in salary
 
Congrats! Did you receive any RFE for Salary change

Congrats! Did you receive any RFE prior to approval and if so then can you describe it please.

Thanks
 
No Title

i485question,

No RFE (thank god)! As long as the Substitute labor matches your education/experience/salary/job functions, then you should be ok.
 
Thanks, vault

I have a similar situation and coincidentally a very similar PD, similar salary reduction, but ND is Feb 4th. I-140 approved earlier for EB2 but Co. not willing to provide a letter instead filed as, labor substitute and EB3. Got my fingers crossed. Thanks for the info.
 
Salary issues

Vault

- I am not sure what your mean by oversight by INS for I-140.

From what I\'ve heard is that your salary does not have to be the same as your LC indicates, and you don\'t have to be paid that amount until final interview of AOS or CP - as long as the company shows its ability to pay you and willingness to pay you (like a letter from company\'s CFO or your boss) after you get your GC.

A salary reduction wouldnt be a big issue if the company agrees to increase your salary to the amount on LC/I-140 after getting your GC. Please correct me if I am not right.

KKIMM
 
No Title

kkimm,

You are correct. Yes, if one is not currently making the salary stated on the LC, then the company has to write a letter confirming that they will pay the salary stated on the LC, at the time of submitting I-485.
 
salary match

I have a doubt here. When Should the company start paying the salary
that is specified in LC(ie., If the current salary is less than what
is mentioned in LC)?. Is it at the time of I485 filing OR
After I485 is approved ? If I remember it correctly, the company
should be willing to pay the salary mentioned in LC AFTER I485
is cleared !!! Any authentic comments on this ?
 
Your understanding is correct

A letter needs to pbe provided by the Co. stating that the wages mentioned in the LC will be paid within 18 mos. AFTER the approval of the I-485. I found that from the attorney. However the Co. shoulbe willing to provide that letter.
 
Congrats!! I have question for you !!

Hey ,
Could u/anybody give me the VSC number so that I can track my case with the EAC number....
Is it 802-527-4913....If soo..this number seems to be busy all the time...How do u guys get thru...? Would you be having any other time...?
Please advise
Thank You for all your Help !!
 
No Title

i485question,

I was not aware that the compay has 18 months after teh I-485 gets approved to pay the wages stated on LC. My attoryney certainly didn;t tell me this. I would get a second opinion on this.
 
Congrats, When was your I-140 Refiled?

Congrats,

Can you tell us the ND for the refiling of the I-140 based on Labor Substitution ? My case is similar ( salary reduction etc. was refiled on Jan. 29th. ND - Feb 4th 2002. Still no reply
 
INS revoking GC sounds funny!!!

You mean employer can pay less than stated in LC and which will terminate our GC. ie Employer have good way to revoke your GC that to
fetch some money to Employer!!!
 
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