about to file I-485, pay reduced by 40% will that be a problem?

ska

Registered Users (C)
Gurus please help.
My pay now is reduced by 40% of that mentioned in Labor Cert due to the current economic situations. (I am just making my prevailing wage in H1B now).
HR insists on putting the reduced pay in 485 application( may be in employment letter).

Please help,
Thanks
ska
 
No Title

Is a concern but hopefully INS will not pay attention to such detail. My salary was reduced by close to 10%.
 
greenberg

10% is not that much but mine is 40% reduction that\'s why I am concerned. Do we mention pay in the 485 application? or is it in the employment verification letter?
Thanks,
ska
 
GC is for future job.

You should be concerned about the salary you will get upon GC approval. Thats is what INS would like to know. Usually Employement Letter states the intention of your employer to hire you or continue your employement, for the position described in the
approved labor certification and I-140 petition, upon 485 approval.
 
Talk to your lawyer

I will first ask lawyer for the acceptable wage for your job.
If it¡¦s still above the acceptable wage, you should be fine.
If it¡¦s not, your employer may already in trouble by hiring an alien
 below the acceptable wage for your position. Thus, your employer
may not want to put your reduced wage on I-485 application.

Anyway, talk to you lawyer.

BTW, I guess your previous salary must be pretty damn GOOD!!!
 
Your I140 states your wage ...

Ask your lawyer if a different wage in the AOS
application that conflicts with the I140 applicaiton
will cause problems.
 
IT is OK As long as....

If your salary is reduced before I485 approved, then it is OK. All you need to do is to see that your salary should not be below Poverty Limit set by department of labor($23,000 I think). BUt after I485 approval, your employer must give you the salary mentioned on your LC.

Check Sheela Murty\'s chat transcripts for Jan 2002 for more info.

Achiever
 
No Title

Actually the prevailing wage(From H1B) was very very less. I have stayed with this employer for a long time and started with a low pay. I am getting paid the prevailing wage now. But a 40% drop in pay looks like an invitation for a RFE.
Thanks for your reply I will check the acceptable wage.
ska
 
No Title

There are two salary matters here, one is for H-1B and one on LC for GC. The two may or may not be same, if your current position for H1 may be some kind of different as the one you will be hired for after GC approval for instance, but both need to match or over the minimum reqirements.

Assuming your salary is reduced but still over the prevailing salary required for your current H-1 position. You have no problem right now. Otherwise, you are required by law to transfer/reapply for a new H-1 that is good for the position with reduced salary to keep you on a valid H-1. (Normally the position is called a new position if the salary for the position was reduced)

But as for the salasy required on LC/140 of GC, don\'t be confused, that is about the salary for position you are promised to be hired for in future once your GC is approved. You current salary does not have to match it. Morefurther, even the current reduced salary does not have to be mentioned on the letter for 485 if it is slow. Talk to your atterney and explain to your employer the detailed difference. If they still would keep the promise of the salary offered you on LC and would like make it once your GC approved, they can legally write the salary on the letter for 485, instead of your current reduced salary. So, you have no problem with your 485. Otherwise if they don\'t want keep the promise of the salary on LC, and reduce the promised salary that they would pay after your GC approval. They have to write that reduced salary on the letter for 485. Then you have a big chance to get a RFE about your salary later.

For your information only, check with your atterney for sure. Good luck.
 
My boss is son of a B.

Ska,
When I was ready to file I-140 last year, I talked with my boss above leaving here to move to New York. At that time my wife also got accepted into a graduate school there. My boss, evil as he always is, was promising me that he would raise my salary and promote me to a more senior position. Then I stayed and filed my I-140. This SOB, taking advantage of this, just gave me a token increase and I began to suffer and see no end due to my pending I-485. I used the promised salary to complete my I-140 and am worried every day that INS would find it out.
 
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