Can This Create an Issue Later

I140helppls

Registered Users (C)
My company pays me $70k. However they pay only 45k as expenses and the rest as per diem. Can this create an issue for me .My 485 has been pending for abt a month now. since its normal for a person to get RFE for W2 i was thinking whether this could be an issue. the salary mentioned in my labor will be around $75k - $80k. pls comment
 
I140helppls said:
My company pays me $70k. However they pay only 45k as expenses and the rest as per diem. Can this create an issue for me .My 485 has been pending for abt a month now. since its normal for a person to get RFE for W2 i was thinking whether this could be an issue. the salary mentioned in my labor will be around $75k - $80k. pls comment
---------salary written on LC has to be paid AFTER I-485 approval, GC is for FUTURE Job
 
I agree that the salary on LC has to be paid after approval, but USCIS has always maintained that the current salary is a good indication of future intention. A small variation in salary is ok but yours appears to be more drastic - 80k versus 45k!

If I were you, I would find out the "prevailing wage" mentioned on your LC. If it is also 80-90% higher than your current pay, you could be in trouble ("Prevailing wage" is usually less than the "offered wage"). In that case, you should either talk with your employer or look for a new job once u are eligible for AC-21. Please note that one of the primary purposes of the long drawn GC process is to make sure that the immigrants are not working for less than "prevailing wages", and hence depressing salaries for US citizens.

Goodluck.

-ab
 
I agree with atlantabhopali. Though GC is for future job, but USCIS generates RFE for paystubs/W2/EVL regularly. They never generate any RFE to know how much employer will pay after GC approval. It's a common sense that an employer does not pay an employee based on the condition that before getting GC the employee will be underpaid and then after GC approval his/her salary will be doubled. Current salary is certainly a good indication for your "future salary" (for your future job).
On the other hand, your good attorney (if he/she is good at all) can make a case pulrely based on the argument that your LC is for future employment. But I would not count on it.
Secondly, some employers bypass W2 and pay some amount in per-diem basis - just to avoid tax. Small amount it ok, but half of the salary is a problem. If USCIS catches that, it could be troubling for your employer. There is no reason that your GC will be denied on that basis, but it can get delayed for long long time.
Your best option is to negotiate with current employer and make a deal so that it can be good for both sides. If that does not work out, wait for another five months to cross 180 days mark and look for another job.
 
Last edited by a moderator:
What is the view regarding the period of low pay. If the company does not pay as per the labor AC21 can help in moving to a new company. But the past cannot be changed ! :(
 
Krishna02 said:
What is the view regarding the period of low pay. If the company does not pay as per the labor AC21 can help in moving to a new company. But the past cannot be changed ! :(

Most of the RFEs/interviews are regarding current employments and salaries - i.e recent 3 paystubs, EVL etc. Low salary in past is a issue, but I don't think a major one. Most of the times they check whether your current employment (salary, job profile etc) matches with LC. Bottomline is that your present situation is the most important factor for getting approval.
However, people get approval without RFE/interview if information and documents provided with I-485 application satisfy adjucators. But if all the paystubs, W2 provided with I-485 application contain low salary figure (or you did not provide them at all), then your case can definitely expect RFE/interview.
 
Top