485 question

G

gchelpus

Registered Users (C)
Hi Guys
My husband used a preaaproved labour and we have got our 140 approved
(we did not file 485 concurrently).Now once our priority date becomes current we want to file our 485 but I have a question that the labour that my husband substituted has a salary more than what he is drawing actually.
But our 140 get approved...we did get RFE for 140 stating that his company is not financially stable..but his company sent a letter and our 140 got approved.
Now is there a chace that we might get an RFE for the salary difference mentioned in the labour and if yes what can we do for it.

your help is appreciated.

Thanks
 
gchelpus said:
Hi Guys
My husband used a preaaproved labour and we have got our 140 approved
(we did not file 485 concurrently).Now once our priority date becomes current we want to file our 485 but I have a question that the labour that my husband substituted has a salary more than what he is drawing actually.
But our 140 get approved...we did get RFE for 140 stating that his company is not financially stable..but his company sent a letter and our 140 got approved.
Now is there a chace that we might get an RFE for the salary difference mentioned in the labour and if yes what can we do for it.

your help is appreciated.

Thanks
Click to expand...

Once you have your I-140 approved, you are pretty much done. I doubt if they look into salary issue in 485 stage. Its looked into while processing the 140. Since there was a RFE and responded well, USCIS is convinced. All that matters is the EVL (Employment Verification Letter) which would have been filed with the 485 should mention that the company would pay the LC salary on GC approval.

On another note, why didn't you guys file the 485?? might be a costly mistake.....the only thing is you will be stuck with the same employer and won't enjoy the interim benefits like EAD. Now with the dates retrogressed, you might have to wait a while. By the way, what is your PD?? You can see this PD (Priority Date) on your I-140 approval.

Hope this helps.
 
Thanks..

Hi
Thanks so much.
But the employment verification letter does not states that they will pay the LC Salary once gc approves..not sure if the company would do that have to chk with them

PD is April 2002

Thanks
 
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