485 Ability to pay

G

Gilmout

Registered Users (C)
Have been watching this forum for a while although this is my first time posting. Laywer mailed my I485 to USCIS on Friday although I have a concern about my salary. I am currently in the first year of my H1B and I do not meet the salary requirements outlined in my application. With my 485 application I sent a letter from my employer confirming the offer of employment at the salary on my labor certification - this is actually true as I will be starting a new job soon. My concern is that USCIS may issue an RFE for W2 and pay stubbs which will show that I do not earn the required amount for my H1B. Would they deny my case based on my first year H1B salary even if I earn the correct amount now.

Thanks and some advice would put my mind at rest.
 
well, GC is a future job offer. As long as your company is willing and confirming to pay your future quoted salary. You should be fine.
 
Hi,

Can someone please tell me what does the A # no. mean on the 485 application. I have an approved 140 and am applying for 485 like the rest of the people in this forum. I just saw the verified forms by my lawyer that he has entered a A# no. on my forms only and not for my wife.

Appreciate your responses.
Thanks
 
When you apply 485, USCIS issues Alien # to the application, that will be your A # when you get your green card.
 
Bobbyzee thanks for the reply to my previous thread - although I still have a concern. I sent an employment offer letter with my 485 application but it mentions nothing about my current or previous time with my company - it outlines a job offer with job title, salary etc etc.

I realize that GC is based on future job offer but if I did not earn enough in the first year of my H1B am I not considered be out of status with the possibility of my I485 application being denied.

Although I now earn the required salary and by the time my 485 is processed I will have been receiving the proper salary for quite a while.

Just not sure of my options and what the consequences may be.

Thanks in advance.
 
Gilmout said:
I realize that GC is based on future job offer but if I did not earn enough in the first year of my H1B am I not considered be out of status with the possibility of my I485 application being denied.
Click to expand...

I would say it can be an issue, USCIS will consider you as an out of status when you were underpaid on your H1.
 
Last edited by a moderator:
Gilmout said:
Bobbyzee thanks for the reply to my previous thread - although I still have a concern. I sent an employment offer letter with my 485 application but it mentions nothing about my current or previous time with my company - it outlines a job offer with job title, salary etc etc.

I realize that GC is based on future job offer but if I did not earn enough in the first year of my H1B am I not considered be out of status with the possibility of my I485 application being denied.

Although I now earn the required salary and by the time my 485 is processed I will have been receiving the proper salary for quite a while.

Just not sure of my options and what the consequences may be.

Thanks in advance.
Click to expand...

Your employer is supposed to pay you the amount promised in the LCA once you get your GC. So you should be fine. Also, if you are not getting paid based on ur Prevailing wage for for H1b petition your employer is in trouble not you. Anyway you still have 5 more yrs on ur h1b so you can find another job in case its absoulutely needed.
 
You must log in or register to reply here.
Top