Actual income less than filed on LC. Could I140/485 be denied?

I

in-gcline

Registered Users (C)
My company has been running on reduced hours (company wide) since the begining of this year. That means my actual income this year will be much less than that shown when the Labor Certification application was filed, although the annual income 'rate' has not changed.

My LC processing (hopefully approval) date is just around the corner, I am trying to plan ahead for what could be potential problems. My biggest concern is submitting pay stubs. How many pay stubs do I need to submit for the concurrent filing of I140 and I485? Could this be a grounds for denial?

Experts, please give your opinion. Any input will help.
 
Thanks unitednations for a very comprehensive reply. My company is about 65 people, they opted to go to reduced hours instead of laying off people. I thinke their finances should be good enough to be able to pay one person's salary diference if I get an RFE sometime in future. My tax returns for last year are okay too, its this year was worried about.

I was under the impression that we have to submit our most recent pay stubs at the time of concurrent I140/485 filing, I think I have read that somewhere in this forum as well as on www.immihelp.com website.
 
Can any one tell me when is the "priority date"? Is it the date the LC is filled or the date I-140 is filled?
 
unitednations said:
I don't believe you need to send the paystubs although they may be asked for later. According to the application form:

Ability to pay: employer must send evidence that they can pay the proferred wage: such evidence may be in the form of copies of annual reports, federal tax returns or audited financial statements.

I believe the main reason for the pay stubs is to calculate whether the company has the ability to pay. Also, it may be needed for the 485 in the case where you have beneficiaries to support the assertion that you have the resources to support them.

http://uscis.gov/graphics/formsfee/forms/files/i-140.pdf
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what if u get a raise after starting and your pay is actually higher than the lc
 
The pay mentioned in LC is what you will be paid after the GC is approved, not what you currently make when LC is filed. Usually a range is specified.
If pay is marginally higher, I don't think CIS cares, but if difference is significant, CIS may view it as being a different position with different duties and this is a problem.
I think you need to talk to attorney in either case!
 
unitednations said:
From the time of my h-1b my salary has gone up by $58K, on my labor certification my salary has gone up by $8K. I've been in the same job so I don't know how my company had a different salary on my h-1b lca then on my 750.

I didn't have any issues on this on my 140 approval.
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thank you bhard1 and unitednations:

they have asked so many questions in teh rfe for the i-140 that i do not want this to be an issue , to prove that they paid me my salary from joining to date i am sending w2' s and pay stubs . i got a 10k raise in the second year and it will show on the recent paystubs i am going to submit as evidence .

they also asked what the person i replaced made and wanted proof to show what he was paid. what do u think is the right evidence to show that ?
 
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