Concurrent filing - Pay related question

[msatl]

I am applying for I-140 and I-485 (thereby EAD and AP too) concurrently from GA. Could anybody tell me as to what happens if my pay is more than the pay mentioned against the position in the labor certification.

I am with the same employer and client, but my actual pay (which can be found out through pay stubs, W2 and Fed Tax Returns) is more. In my employment agreement the stated pay is about 7% more than the labor certification pay. However, I am getting paid by hour and the number of hours I get to work are much more than the usual hours.

Any info will be appreciated! Thanks.

 

[sriram2004]

Reay related question on I140

I too have same problem.,but reverse. I mean, at present I draw less than what is mentioned in Labor filing. Some body says, it should match with labor. But others say it should not be a trouble. Because it is for future perminent position. I am with this employer for last 2 years. Is it required to mention my present salary while filing I140? I thought 140 looks for employer's capacity to pay that sal?

Can anybody help? it is urgent because I am also ready for filing.

Thanks in advance.

 

[Hawa Hawa]

no probelm..

Regarding msatl , I dont think there is any problem if u r current salary is more than the mentioned in Labor.But better consult u r lawyer before u do anything.that indicates that u r company is able to pay more than the mentioned in Labor.so i think its a
positive..

Regarding Sriram's question,

let me describe my situation .my position mentioned in Labor(from FL) is Software Engg with 80K.At that time we were expecting a big project and i was expecting somewhere around 50$/hour.
Once our company filed our labor..we lost that project and I was back to 60K salary.

my labor was cleared and i filed my I 140 with the same salary 60K.I raised this question with my Lawyer(sheela Murthy) .
She said that its not a problem b,coz 80K is the salary u should be getting at the time of Issuing of Green Card, and at this time u r company should be able to pay the salary mentioned.(ie the company financial's records should be fine).My Lawyer also said that u might get an RFE regarding my Salary,and thats an easy case to solve.

so,go a head and mention u r current salary in u r I 140.

Good Luck !!

 

[sriram2004]

Hi Hawa Hawa

Thanks for your quick response. It really helps.

I wish you good luck.

 

[msatl]

Thanks

Many thanks for the info, Hawa Hawa.