You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Salary is deducted after I140 filing
- Thread starter hsn101
- Start date
Greencardaspirer
Registered Users (C)
GC is for future employment.
If your employer can give assurance that once the GC is received, you will be given the specified salary it is ok...
If your employer can give assurance that once the GC is received, you will be given the specified salary it is ok...
not ok
This is what I found: (this is not a legal advice.)
I assume you applied GC and still working on H1.
1. if you are still on h1, the salary reduced should NOT be less then specified(Prevailing wages) on labor, remember this is h1 labor, not GC labor(both labor are different.I think one is called LCA and other LC). So, check your h1 labor papers, you will find out this prevailing wages specified. As long as reduced salary not below this prevailing wages, you are ok, otherwise....sorry, I don\'t know. I guess you need new labor, which means new h1....don\'t know...check with Attorney.
2. If you are not on h1(I don\'t know what other status you can have, may be using EAD?), what ever other people said works fine, in other words, as GC is for future job, once you get GC, they must pay min. amount specified in your employment letter that you submit along with 485.
Important is to compare&check you H1-labor papers for prevailing wages.
Hope this helps.
r2b.
This is what I found: (this is not a legal advice.)
I assume you applied GC and still working on H1.
1. if you are still on h1, the salary reduced should NOT be less then specified(Prevailing wages) on labor, remember this is h1 labor, not GC labor(both labor are different.I think one is called LCA and other LC). So, check your h1 labor papers, you will find out this prevailing wages specified. As long as reduced salary not below this prevailing wages, you are ok, otherwise....sorry, I don\'t know. I guess you need new labor, which means new h1....don\'t know...check with Attorney.
2. If you are not on h1(I don\'t know what other status you can have, may be using EAD?), what ever other people said works fine, in other words, as GC is for future job, once you get GC, they must pay min. amount specified in your employment letter that you submit along with 485.
Important is to compare&check you H1-labor papers for prevailing wages.
Hope this helps.
r2b.
Maybe
INS may question your company\'s ability to pay the offered salary. Since they reduced the salary, it certainly would appear that they are having a difficult time paying it. It may not be a problem but if INS makes an issue out of it, the company better be able to convince INS that they are really willing and able to increase your salary to the salary stated on the LC.
Jim
INS may question your company\'s ability to pay the offered salary. Since they reduced the salary, it certainly would appear that they are having a difficult time paying it. It may not be a problem but if INS makes an issue out of it, the company better be able to convince INS that they are really willing and able to increase your salary to the salary stated on the LC.
Jim
Regarding salary reduction
There are two things one is the actual salary u were getting at the filing of LC and the other one is the prevailing wages at the time of filing the LC. The prevaling wages is not mentioned anywhere on the LC. It has to be determined from the LC approval (ETA 750) wherein the DOL would have filled up the job category code under which the labor certification is done. Ur salary should not be below the minimum salary for that category. that\'s all. i was in the same boat as u were while filing my I-140. my approval came through without any RFE\'s or any questions. so be cool and don\'t worry about it.
There are two things one is the actual salary u were getting at the filing of LC and the other one is the prevailing wages at the time of filing the LC. The prevaling wages is not mentioned anywhere on the LC. It has to be determined from the LC approval (ETA 750) wherein the DOL would have filled up the job category code under which the labor certification is done. Ur salary should not be below the minimum salary for that category. that\'s all. i was in the same boat as u were while filing my I-140. my approval came through without any RFE\'s or any questions. so be cool and don\'t worry about it.
Same answer- maybe
INS can question why you are not making the offered wage, particularly if the position is the same and your salary was reduced. If the employer cannot show the ability, and convince INS of it\'s intention, to pay the offered wage INS may deny the I-485.
Jim
INS can question why you are not making the offered wage, particularly if the position is the same and your salary was reduced. If the employer cannot show the ability, and convince INS of it\'s intention, to pay the offered wage INS may deny the I-485.
Jim