Approved LC - Filing I140/I485

firasatali

New Member
Hi,

I am a question here, i appreciate you can help me out on this.

My employer has an approved LC, i want to use that approved LC to file my I-140/I-485, my education and experience are 100% matching according to approved LC profile but salary is not matching.

The approved LC guy was getting 30k/year more than what i am getting now.

Will salary difference will create any problem in filing I-140/I-1485.

I appreciate your quick reply in this matter.

1) And what are chances do i have in I-140 getting approved.?
2) is there any risk involved in this process?
3) What are the items i have to look while using someone's approved LC?

Thanks
fir
 
I think the salary is for the future employment. If your company shows that it had enough resources to meet this salary ever since the LC was filed, there should not be any propblem.
 
firasatali said:
Hi,

I am a question here, i appreciate you can help me out on this.

My employer has an approved LC, i want to use that approved LC to file my I-140/I-485, my education and experience are 100% matching according to approved LC profile but salary is not matching.

The approved LC guy was getting 30k/year more than what i am getting now.

Will salary difference will create any problem in filing I-140/I-1485.

I appreciate your quick reply in this matter.

1) And what are chances do i have in I-140 getting approved.?
2) is there any risk involved in this process?
3) What are the items i have to look while using someone's approved LC?

Thanks
fir
I have heard from other posters that you may get an RFE if your salary is not within 95% of the LCA Wage. It does not matter what the guy was getting, what matters is the relation of your salary with the salary on LC. If there is a huge difference you are opening a door for a potential RFE. Yes GC is for a future job but why will a employer start giving you 30% more suddenly. This does not happen in real life and INS knows it.
 
Bodhal Singh said:
Absolutely no problem. At the max a simple RFE.
I dont know why you call it a simple RFE. As it is life is tough and why do you want to do something and get a RFE. Of course if you do not have a choice, then let it be. But if you can avoid it. Also try to get a explanation ready to reply to the RFE.
 
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