Applying for labor substitution (Salary mismatch )

J

josamdee

Registered Users (C)
I am applying for concurrent filing on an approved Labor but i have one issue.

Item 12: Salary/ Year is way higher and does not match with my salary
Salary Mentioned in approved aplication = 90K/ Year
My current salary =60K/Year

Would this be a potential for problems in my 485 and 140 approval?

My Lawyer says that the salary difference should not be a problem at all.
1> He says that INS/ UCIS should have no business to know what salary is being offered as long as it is more than minimum prevaling wages.
2> the salary is proposed salary after joing the employer and not the current salary so should not pose problem either.
3> this a very common problem beacuse post 2000 scenario almost everybody got lot of pay cuts and salaries have gone down in general and INS/UCIS is aware of that.

I this correct? or i am being taken for a ride.
 
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If it's a small company, you'll probably be required to establish that the company could have paid the higher salary since the date the LC was applied for.

Technically, since a GC is for a future job offer, your current salary shouldn't matter, if company can estabilish it's ability to pay.

But with LC sub, anything but the most straightforward case can run into difficulties. So I don't know if the difference in salary will be an issue in "real life"
 
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