Answering I140 RFE for 2003 w2 with only 34300 a problem?

D

Daggu

Registered Users (C)
RFE for my I140 on 02/24/04. RFE for 2002 and 2003 W2s and Employers financial ability.. But 2003 has only 34300 and 2002 has 69000. Is this a problem. please respond.
My case details are

ead and 140 and 485 ND 09/02/03 concurrent processing in EB2.

Thanks
Daggu
 
what is the salary amount specified on your labor ? was the salary low because you were out of project. I think some employers do have unpaid leave policy for 3 months, may be you can say that is the reason for the low salary if they ask..

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I may be wrong, confirm with others..
 
Daggu

If you were on or are on H1 then the salary has to be paid according to LCA it should be same as on LCA and or above LCA.

LC salary is for future after I-485 gets approved. LC salary is supposed to be paid one GC is approved as GC is for future job
 
Ideally it is good to have to be receiving the amount certified in the labour cert from the day your labor petition reached INS. However, I have seen cases getting approved even if they did not get a good salary if the current situation of the company is such that they can pay you the salary mentioned in your labor cert going forward. Hope this helps.
 
ginnu or others!

ginnu, naanshi or others,

please answer to my question....

I have claimed more points on W4 form and obviously i was paying less tax according to my previous W2 forms but my salary is correct what ever mentioned on LC form. But i paid back to the IRS when i filled my tax returns.

since i was paying less tax on W2 form, does it effect any thing on when i filed for I-140?
 
When you filed your taxes last year, you paid all the dues to IRS. Right??? Then why are you worrying about the taxes showed on the W2 form?

You are good and no need to worry.
 
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Hi

I have the same problem....my w2 for 2003 shows 36,000...my LC for GC shows 50K.....

The reason is I was in India for 3.5 months and I got the pay for 8.5 months in 2003....If i explain this in covering letter when replied for my I-140 RFE, will be any problem...

You all gurus can give me some advise on this.....

Thanks
Bobs
 
Out of the country - The Co. is not obligated to pay. So you should be OK as long as your monthly pay check * 12 months total to amount quoted on Labor Certification......
 
I think no problem

I guess it should not be any problem. The RFE is just to see if you are paying the correct taxes during 2003. Pl keep in mind that the pay in LC (for GC) should be for future employment, and no obligation for the current pay.
 
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