bench salary and rfe question

H

hiten g

Registered Users (C)
My company has 2 salary structures
1. Salary x while I am working for a client.
2. Salary y while I am on bench (i.e. in between projects)

what would happen if I am on bench getting paid salary y and receive an RFE for recent pay-stubs. If that salary is lower than what was showed when my green card started, will that be a problem?

Please help!!
 
No Title

Thanks for your responses.

Why do you think a company is doing something illegal if it has the above salary structures? It is drafted by a lawyer and I believe it is a policy in a number of companies.

What do you think about the alternative that I take leave when I come on bench, In that way, I can say that I am not getting salary since I am on leave?

Thanks,
 
No Title

Illegal explanation: when your company filed H1B, they would not have given these two structure to INS. They would have said to INS that they were hiring you on such pay ( which is the normal pay, not bench pay). If they would have shown two structures, INS would not given them your H1B, it would have outrightly rejected the application. Hence, your company said one thing to INS (for sure) and acts differently to you and it is illegal.
 
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I agree with Desktop................. You can tell your
company that you are going to complain INS about these salry structure.
Good Luck
 
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I don\'t think it is a problem for you. In my company they reduced the salary 10% for all people. So my salary at the time of 1-140 was higher than during I-485 application. This can be happen at any time in this economy and my lawyer said that doesn\'t matter. So bench salary also can can be considered some thing like that.
 
No Title

What your Company is doing is definitely illegal. They cannot officially have 2 different base pay structures. One thing they can do is define the remuneration as [Base + Bonus] and give you a bonus when you are on a project. But, I believe, your situation is not that because bonuses cannot be officially declared on government papers (like i-140, i-485 applications) unless the payout is mandatory.
 
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I recently got laid off from the company I worked for as a contractor and my employer is not going to pay me the bench salary. If the situation arise, Can I tell INS that I was on leave without pay for a extended period of time. Becuase I know in this market I am sure not going to get anything soon. I recently did my FP and it may be a while before I hear anything from INS.
Any comments? suggestions? I will talk to my lawyer also and find out the alternate solutions. Anyone is in the same boat?
 
No Title

Thanks for all your responses.

My company may be doing something illegal, but is it OK to confront them? I have heard from a couple of friends that for their 485 approval, after INS was very close to making a decision, they asked the employer if they wanted to give the green card to the employee. Only then, they approved the 485. Pissing them off will cost me big time. I am trying to find a way that suits both of us.

Hence, I can only reason with my employer till he wants to understand. Anything further may be risky. I will try to negotiate with him to make my bench salary at least what I was getting paid at the start of the green card process.

This is what I am thinking after reading all your responses?

FYI: I checked the AVM last night. It said "case not found" for myself and my wife.

Thanks for all your help.

Hiten
 
No Title

One more way ...
If you have good relationship with your employer, ask them to generate your 2-3 paystubbs as per your original "X" salary and you can pay the TAX difference what he might have to pay additionally. In my case I was about to go on "Y" salary and RFE issued - heard AVM, so I immediately asked my employer to pay me "X" amount not "Y" amout for 1 more pay stubb and I took last 3 and sent it. It worked for me should work for u .... but depends on ur employer ..just tell him about the concern, I guess he/she will understand.
 
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