Another one for UnitedNations

G

gogia

Registered Users (C)
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UnitedNations,

It seems that you are an ocean of knowledge in this field of company finances and I-140 issues... I have a question and would appreciate if you could answer this:


My LC has been filed with a salary of say 70K and I get 67K.
I get 51K as regular salary (in paystubs) and 16K in the form of per-diem checks paid monthly(nontaxable)
So, my tax returns only show the regular salary part(51K) and not the per-diem part.

Would it be an issue while filing and during processing of my I-140. I have the copies of all the checks with me clearly saying "paid towrds per-diem for the month of xxx"

Your help and service to the community is greatly appreciated
 
just wages do not affect

The wages paid/being paid is just 1 of the considerations. If the company has good finances, i.e. has profits/net current assets => prevailing wages in LC during the year(s) in question, what is being paid will not matter. Hence getting paid less than the offered wages will matter only when this has become the only criteria for 'ability to pay issue'.
 
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unitednations said:
USCIS will only count what is your salary.

Salary is not per diem. Per diem is variable and can be discontinued at any time.

If this was california or vermont, they would not buy the argument, because they would say that the per diem is an additional expense of employing you and if you moved back to your "home area" then you wouldn't get paid a per diem.

It is interesting that I worked on a person's case recently who was in a similar situation as you.

W2 wages were about $30K but per diem about $25K.

There was nothing that could be done other then explain how per diems work, how they could have been included in the w2 and then actual expenses deducted, tax strategy, etc.

I thought there was only going to be a 50/50 chance for approval in nebraska using this argument.
Click to expand...

Thanks UnitedNations and others,

Now, since my LC approval is still someway to go, is there anything I can do to improve my chances? Like asking my employer to include my Per-diem in my salary(and effectively take a cut since I will have to pay taxes on that part as well, may be more since the company is also saving taxes on that)

I recently asked this question to my lawyer and she said USCIS will only see if the company has net profits > the difference in salary and also that she has received many approvals with same situation and same employer in the past.

My company has > 200 employees and is in good financial health...

any words ?
 
UN/Others

What is the case with substitution labor cases.Those guys wont work from labor applied date right.so the company has to have ability to pay from the date labor applied in that case??

If what you said was correct then if a guy got substitute labor from a small company(25emp) he will not get his 140 approved right?
correct me if iam wrong.
 
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