An e-mail from Chennai Consulate

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Registered Users (C)
The following is the reply I got from the Chennai Consulate regarding Salary difference.

I don't understand, what he meant by this. I have had about 35% increment in my salary over the years. Does it mean that the consulate is less interested in the difference in salary and is only concerned about the applicant being a public-charge in the US(That he/she should be making enough to meet both ends as per the povertyguidelines) ?.

Or Does it mean that they CANNOT ANSWER THIS ?.

If the later is true, It does not make any sense,as they are the ones to make a decision on a case at CP level.

Your thoughts are very much welcome.
Thank you.


From: "Chennai, IV" <ChennaiIV@state.gov> | This is spam | Add to Address Book
To: [xxxxx]
Subject: RE: Salary increased
Date: Fri, 1 Aug 2003 09:55:42 +0530




These issues dont concern the Consulate, please clarify with the
concerned
authorities.


Customer Service Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir), 28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov



-----Original Message-----
From: [xxxxx]
Sent: Thursday, July 31, 2003 10:23 PM
To: ChennaiNIV@state.gov
Subject: Salary increased


Dear Sir/Madam

I have been continuosly working for the company for
the past 3 years, which is sponsoring my Immigrant
Visa .Our company is an equal oportunity employer and,
all the employees are entitled to a performance review
and salary increment at every 6 months.According to
company rules, these increments are solely determined
by the company , based on my performance, increase in
cost-of-living, Profitability of the business and the
contributions that I make to the success of the
company.

I am currently working on an H-1B NON-IMMIGRANT VISA.

Based on my perfromance I have been receiving very
good pay increment annually during the past years and
will be receiving at least one more increment before I
will be appearing for the consular interview.
Consequently I am being paid a higher salary right now
than the salary specified for the job after obtaining
the Green-Card.

I would be greatly obliged If you would kindly answer
the following questions, and that would be a great
help.

My questions are:

1) Is it OK to accept periodic pay-increments and
higher salaries, considering the fact that the process
of obtaining Green Card could take any where between 3
to 6 years.

2) There is a good chance that If I ask my company to
reduce my salary, they will accept it. Do I have to do
that, before attending the interview ?. Which
obviously will have a hardship on me and my family as
the cost-of-living has incremented over the years
since we started the Green-card processing .

Also my spouse is not authorized to work and is not
employed.

3) Do I have to ask my employer to REDUCE my salary to
match to what is shown for the future GC JOB


4) I discussed this matter with my
Immigration-Attorney and according to the Attorney,
the Green-card is for the future JOB and I am eligible
to get any salary and increments while on H1-B status,
as long as it complies with the LABOR CONDITION
ACCEPTANCE behind my current H-1B visa. To be on the
safer sideI would like your valuable openion on this.


5) In case If the salary of the H1-B employment is
independent of the salary of the future Green-card, Is
it OK for the employer pay me a higer salary and show
it on the employement verification letter which is
required for the interview ?.
The salary for the position within the company has
also incremented over the years (I would like to
humbly bring to your attention that Green card
processing -as well known- is very lengthy).

I have been working for the same job-position, and
will continue to be working for the same position
after obtaining the Green-Card. Since I started, my
employment with this company, the nature of my
duties/resposiblities have NOT changed at all, and it
will be the same for the future job.

Please give me an advise as I am preparing other
documents to get ready for the Consular interview.

Best Regards and Thanks

xxxxx
 
Last edited by a moderator:
The consulate is only concerned with the requirement that your salary be equal to or higher than the salary promised in LC. If your salary has increased 35% (beyond LC salary), good for you. That has NO EFFECT on your immigrant visa processing.
 
Don't worry about it.

My paystubs and W2 reflected a 100% increase over the labor numbers- it was not even brought up during the interview. Good luck!;)
 
Thank you

Thank you Rajeev, nkm-oct23

Rajeev:

Did your employer put your actual salary in the Employment verification letter ?.

Someone suggested me to use the phrase,

"will be paid an annual salary of not less than <LC Salary>".

What's you thought on this ?.

Others also are welcome to share your knowledge and wisdom

Thanks
 
My letter had the phrase


< .. will be paid an annual salary of not less than <LC salary> ....>

Raju
 
My letter said:

Dr XXX will be paid an annual salary of $XXX,XXX and incentive bonus based on productivity. The $XXX,XXX amount was what was mentioned in LC. My actual salary reflected on W2 and paystubs was about twice that amount. Good luck.;)
 
Re: My letter said:

Rajeev,
Wow! Did you err in the number of digits or do you have a six figure LC salary? And was your actual salary double the six figure salary??
 
Curious officer

Originally posted by Raju595
My letter had the phrase


< .. will be paid an annual salary of not less than <LC salary> ....>

Raju
Click to expand...

It appears that they don't seem to care much about the salary difference , as long as you make enough, so that you and your dependents become a 'public burden' in the US.

Raju:

In your case did the officer ask about how much you were making ? or how much you would be paid ?. And what was your reply ?.
Just wondering If the officer would be curious enough to ask more questions if we use relative phrases in the employment letter.

Could you all describe, If there were questions/disputes other than mentioned above regarding the salary at the time of interview ?.

Thank you.
 
When I was waiting my turn....

at the consulate, there was an unfortunate youngman and his wife who were pleading their case in front of the consular official. he had left US in Sept of 2002- for health reasons (the wife miscarried) or so he said. He was being paid $50k when he left. He claimed he was transferred to the company's indian branch- the only problem was, his salary in India was Rs.10,000 per month! The officer was not at all convinced that his employer would transfer him back to US and pay him the salary mentioned in the LC. His argument did not convince the Consular official- but the couple never left the area and may be had another chance at a second officer later in the day. But as I see it, the only problem is if your salary is substantially lower than the LC figure. There was one guy on the day of my interview, whose salary was about 10% less than LC. The consular officer asked him about this and he replied that the whole company payroll had been reduced by a flat percentage because of the downturn in the economy. The Officer asked a couple other questions but gave him the visa. In my case, he did not even ask us about salary issues. As long as you have a genuine offer, even if it is slightly lower or a lot higher than the LC number, you don't have to worry. Good luck.;)
 
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