Bad situation... please help!

G

GCFORMEORNOT

Registered Users (C)
Hello Everyone,

Here is my situation its really bad. I have LC and 140 approved. I485 will be current in July07. Now problem is my wage determination came out to be 16K more than salary I am getting currently. Employer OKed it initially because no body foresaw we can file I485 so quickly. They thought it will take 3-4 years to file I485.
Now they are not ready to file I485.
What all options I have? I am on L1 visa which can not be extended.
 
Ability to pay issues are mostly dealt with in I-140 stage.. so u should be ok to file for 485
 
Permanent position that wages are determined for is for future when the Green Card is approved. It does not matter what your employer says today as long as he maintains that he will pay you the Labor Certification wages after you take the perm position after your GC is approved.

What is confusing is how come you are talking about labor wages now when your labor and I140 is already approved?
 
What is the issue? You are now being paid 16K lower than what the LC says? And you are afraid that when you send your W-2 and tax returns with the 485 that the USCIS will see you are being underpaid?

Your employer needs to provide a letter clearly saying that they will pay the stated salary upon green card approval. With an EB3 date in 2006, you're probably not going to be approved for 3 years anyway.
 
They may not give letter of employment. Won't file 485

Sun07 said:
Permanent position that wages are determined for is for future when the Green Card is approved. It does not matter what your employer says today as long as he maintains that he will pay you the Labor Certification wages after you take the perm position after your GC is approved.

What is confusing is how come you are talking about labor wages now when your labor and I140 is already approved?
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Tha't why.
 
Wont give employment letter may be dealt with. You can change job after 180 days of I485 filing and file AC21

Not filing I485 is a problem. You need to talk to them and make them file 485 somehow.
 
Do you have a copy of the approved I-140? If you have that, you can file the I-485 on your own (or with a separate lawyer). Of course, they could revoke the I-140 if they found out about you filing the 485 on your own.

But this clearly is an employer looking to exploit you. Underpaying you by $16K, and now they won't cooperate. If they won't file the 485 now, I hope you're not stupid enough to sit around for 2 or 3 years until they are ready to file it ... because you definitely can't trust them.
 
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not possible

Jackolantern said:
Do you have a copy of the approved I-140? If you have that, you can file the I-485 on your own (or with a separate lawyer).
Click to expand...

I checked if I file with out Employer letter then now a days USCIS doesn't send RFE but they mostly deny application, as that letter is part of initial evidence.:eek:
 
So you are on L1 which can not be extended.

Your employer (I am assuming L1 sponsor) wont file I-485. Seems clear to me that they dont want you employed anymore, GC or no GC. I dont know where does the salary issue come into the picture unless you are not disclosing all the facts?

You have only one option. If you are so eager to stay in US (which I can never understand why), do whatever and ask them to file I-485. Make a deal somehow.

Or else you need to go back. You have no other option. Sorry.
 
The L1 is supposed to be for senior managers or people with high-end knowledge. That means valuable people the company really wants to keep.

But then (1) they underpay you by $16K
(2) file in EB3 when practically anybody who genuinely qualifies for L1 should have the qualifications for EB2 or EB1
(3) after having started the process, don't want to finish the green card process unless they can force you to wait 3 years
(4) despite being so underpaid and highly qualified (as you should be if you have an L1), you don't take the time to find another company that will file H1 and pay you right.

The employer is faking you out, and both of you are faking out the immigration system. This is another case of a fake L1, being used to circumvent the H1 quota and wage regulations. Unless you can tell us something to show that we have the wrong impression, you won't get any help on this board.
 
GCFORMEORNOT said:
I checked if I file with out Employer letter then now a days USCIS doesn't send RFE but they mostly deny application, as that letter is part of initial evidence.:eek:
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This may not be a perfect advise..You can take a shot ...if you are not willing to stay long with your employer as he is trying to cheat you by not filing 485 on time.

GC is for future job, as both party (employer and employee) has a faithful intent to have employment relationship upon approval of GC. The key is the intent. You are currently working with him. So you have a intent. He is also having intent. Thats why he filed your LC and 140 to employ you permantly. Both filings are belongs to him. 16K salary is not now. It is after approval.

Though employment offer letter is required to file 485, it is not absolutly mandatory at the time of filing. You can send copy of LC and 140 approval notice and your recent payslip and w2 as a initial evidence, by explaining intent of both parties. They wont deny immediatly. They will denitly process your application and issue RFE/NOID. It will take atleast 6 months based on amount of 485 they are going to recive after july1. I do not need to explain what you will have after 6 months.
 
File it ASAP

You can file I-485 by yourself or with the help of another attorny. Don't even worry about the letter from your employer. Just file it on time without it. USCIS might issue a RFE and that will take at least 6 months. By that time you will have more options.

Feel for u bro...don't panic...Good luck.

Rahi Khan

GCFORMEORNOT said:
Hello Everyone,

Here is my situation its really bad. I have LC and 140 approved. I485 will be current in July07. Now problem is my wage determination came out to be 16K more than salary I am getting currently. Employer OKed it initially because no body foresaw we can file I485 so quickly. They thought it will take 3-4 years to file I485.
Now they are not ready to file I485.
What all options I have? I am on L1 visa which can not be extended.
Click to expand...
 
perm_lc said:
This may not be a perfect advise..You can take a shot ...if you are not willing to stay long with your employer as he is trying to cheat you by not filing 485 on time.

GC is for future job, as both party (employer and employee) has a faithful intent to have employment relationship upon approval of GC. The key is the intent. You are currently working with him. So you have a intent. He is also having intent. Thats why he filed your LC and 140 to employ you permantly. Both filings are belongs to him. 16K salary is not now. It is after approval.

Though employment offer letter is required to file 485, it is not absolutly mandatory at the time of filing. You can send copy of LC and 140 approval notice and your recent payslip and w2 as a initial evidence, by explaining intent of both parties. They wont deny immediatly. They will denitly process your application and issue RFE/NOID. It will take atleast 6 months based on amount of 485 they are going to recive after july1. I do not need to explain what you will have after 6 months.
Click to expand...


That was before, when people sent incompleted applications for I-485, I know that some people sent applications even without medical forms, got RFE later, but the goal was completed - to have I-485 in process and not rejected.

I am afraid that today USCIS is going to reject/deny incompleted I-485 applications immediatelly.
 
sfmars said:
That was before, when people sent incompleted applications for I-485, I know that some people sent applications even without medical forms, got RFE later, but the goal was completed - to have I-485 in process and not rejected.

I am afraid that today USCIS is going to reject/deny incompleted I-485 applications immediatelly.
Click to expand...
You don't have a choice. Either you take a chance and file the I-485 without your company's assistance, or go home when your L1 expires.
 
Could you name the company, you could PM, just curious...


GCFORMEORNOT said:
Hello Everyone,

Here is my situation its really bad. I have LC and 140 approved. I485 will be current in July07. Now problem is my wage determination came out to be 16K more than salary I am getting currently. Employer OKed it initially because no body foresaw we can file I485 so quickly. They thought it will take 3-4 years to file I485.
Now they are not ready to file I485.
What all options I have? I am on L1 visa which can not be extended.
Click to expand...
 
Similar situation...pls help/advise

Folks,
Ditto situation for me. My company did labor substitution and that labor had higher salary than what I was being paid. At that time no one expected things to move so fast. The difference is about 15K. I am in EB2 with PD Oct 2006.

Questions:
1. Can we use Salary+Bonus+Monetary Benefits to justify the difference of $15K?
2. Is the requirement that I be paid the stated salary on labor at the time of filing the 485 or when the 485 get approved?

Pls pls help/advise.
 
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