Salary Differences

V

vikramab

Registered Users (C)
Hi

My Employer had stated some amount of Salary in LCA, but I am getting nearly 35%(27K) less then that.

Can any body let me know does it makes hurdle in getting my 140 or GC approval. If at all I get an RFE is there any way to answer.

Thanks in advance
 
GC is for future. As long as the employer can provide the evidence that they can pay you the LC salary at the time you get your GC, it should be fine.
 
There is no evidence better than the company has actually been paying LC salary. However this is not required as long as company can provide proof (like audited statements, growth projection etc) that they can pay the LC salary after the sponsored employee receives GC.
 
I joined my new employer in July-2002 and my Labor was filed in Sep 2002. My 2002 W-2 shows less salary than that stated on LCA since, since i worked only for 5 Months in that year for new employer, but for 2003 and 2004 my salary is above that specified in LCA. Is my 2002 W-2 going to be an issue if my emplyer does not have strong balance sheet ?? Will they calculate on pro-rata basis for the partial year 2002?

Thanks
 
Last edited by a moderator:
vikramab - companys ability to pay

Hi vikram,
Mine was a similar case (getting 20k less then what was specified in LC or priority date of filing). I got an RFE for the infamous "companys ability to pay" and was approved upon receipt of the reply. The reply consisted of CPA's letter with bank statements, outlining with figures about funds that company presently HAS and will have to pay me the wages promised.

I-140 concurrent EB2
ND : nov 2002
RFE : nov 2003
RFE replied : Feb 2004
AD : mar 2004

Rhino
 
Re: vikramab - companys ability to pay

Originally posted by rhinohere
Hi vikram,
Mine was a similar case (getting 20k less then what was specified in LC or priority date of filing). I got an RFE for the infamous "companys ability to pay" and was approved upon receipt of the reply. The reply consisted of CPA's letter with bank statements, outlining with figures about funds that company presently HAS and will have to pay me the wages promised.

I-140 concurrent EB2
ND : nov 2002
RFE : nov 2003
RFE replied : Feb 2004
AD : mar 2004

Rhino
Click to expand...

Rhino,
me too getting getting 20k less than that of LC salary.
In my 140 case(EB2, RD April23, 2003), RFE has been issued (today,April 2004). I'm expecting similar RFE (mostly).

I may need your help/suggestion preparing the letter/documention in response to RFE. It would be great help for me if you guide me on this. Could you please tell me your email-id, so that I will contact you after I receive my RFE. Thank you so much.
 
I-140 RFE

NeelBuddy,
I would be glad to help .. it would be best that we both write here in the forum so that other with similar concerns can also infer from it, regarding their issues.
However if you still prefer personal communication leave your e-mail-id and I will respond to you.
Also like u've mentioned that u get 20k less and if your's is a small company then most likely it seems "ability to pay" ..

Is there any colleague in your company whose I-140 is pending/approved/inprogress ?

Rhino.
 
Rhino,

How many employee ur comapny has? Was ur compamy profitable when reply for the RFE? How much fund ur company had in bank when apply for the RFE?
 
Re: I-140 RFE

Originally posted by rhinohere
NeelBuddy,
I would be glad to help .. it would be best that we both write here in the forum so that other with similar concerns can also infer from it, regarding their issues.
However if you still prefer personal communication leave your e-mail-id and I will respond to you.
Also like u've mentioned that u get 20k less and if your's is a small company then most likely it seems "ability to pay" ..

Is there any colleague in your company whose I-140 is pending/approved/inprogress ?

Rhino.
Click to expand...

Rhino,

There are other employees who applied/approved i140 from this company. But they applied in Nebraska Center as this company's main office is in Michigan and labor applied from there. But in my case labor was applied from Delaware and my 140 was applied in VSC. Previously they didt have any denials in this company.

I will let you know RFE details after my attoreny/company receives it. - Thank you
 
Question: Will they issue a RFE if you are getting more salary than what was in LC?
 
I-140 RFE

deepakanu,
A1. <25
A2. Yes
A3. Dont know ... sufficient to pay me now/future.

Neelbuddy ... lets see how the RFE is .. may be its just education certificates or previous experience letters or something thereof.

Rhino.
 
Hey Rhinohere,

I sent you an e-mail two days back. I am not sure whether you got it ... it had to do with my friend's I-140 RFE ....


Maxx.
 
You must log in or register to reply here.
Top