485 Employment Letter Question

4

485atNSC

New Member
Hello!
Can someone answer my 485 related employment letter question?
I am currently making less than what is required according to the DOL and the salary assured by my employer as part of the GC process. Haven\'t got any raise last year or this year due to market conditions and so the employer is refusing to give the employment letter for the amount promised initially but is ready to give an employment letter for current salary (which is about 2K LESS). I have applied in EB2 category.
What are my options at this point? Should i simply wait until the employer actually gives a raise, which is indefinite. Is there something i can do? My lawyer said applying without an employment letter will trigger an RFE and we will have about 3 Months to respond and if we don\'t our case will be rejected.

1)Should i take a chance by applying without the emp letter OR
2) Apply in a lower category (EB3?)

Thanks in advance for your suggestions!
 
2K is not that much less

Not sure what you mean by "promised amount per GC process". 2K less is not that much less (assuming annual salary). You could have your employer document the reason for the shortage in the letter - bad market conditions. Talk to your lawyer and take his/her opinion. Also not sure which stage of the process you are in right now. But yes, you certainly need a letter of continuing employment. Not sending one in will, in most cases, result in an RFE. Good luck.
 
Where can i find additional info on Emp Letter??

Where can i find additional info on whether i can mention the current salary (which is about 2K less that what prevailing wage and my stage is 140 approved and waiting to submit 485.) and say that I-140 terms and conditions will remain the same. My lawyer doesn\'t know i guess.
:)

Also how long do you think it will take to complete the GC process from now on if i apply by June 30.

Thank you very much for your suggestions.
 
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