485 rfe approval and salary changes

Tom B

Registered Users (C)
A friend of mine had 485 filed through Employer 1. He got affected by reorg. He has been looking for a job for last two months but never went for unemployment. He got a RFE for employment records, pay stubs, tax papers etc. Now he has to reply before December 15th or so (90 days). He has got a job offer from Employer 2 and the job description is exactly the same as the one filed in 485 application by Employer 1. However, the salary structure is very different. Say if he was getting $x base + $y upside from Employer 1; now he will get $x/2 base + $z upside such that the over all income should be the same. Meaning even if he just meets his targets, $x + y should be equal to $x/2 + z. Did not mean to make it sound like an algebra puzzle, but you get the idea, the base is half the previous and rest is upside. He has decided to join this job (in the next few days) as this is the only offer in hand and this will at least give him a paystub before 90 days expire.

1. Have you seen something like this before? Job desciption vs salary structure - which one is more important.

2 When INS talks about salary, are they specific enough to say base vs. overall income.

3. Is there a way to delay the 90 day rfe response time? So he can find a job with comparable base.

4. Any other advise that you might have.

Thank You.
 
Ans to Q2

Whatever be the Algebra for Salary, when replying to the RFE, the INS checks what is written on paper(Employer letter) and that should be more than what was promised in Labor.

I don't think you can ask for extra time for replying but you may want to check with lawyer.

Hope this helps

Thks
 
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