CP and Salary difference

S

SK2003_SK2003

New Member
My I140 is approved on 4/5/03 (EB2, CP).
Attorney doesn’t want to proceed with next step due to salary difference.
My current salary is $3K less than labor application amount.

HR made a decision not to increase the salary this year.

This year’s Salary + variable compensation (e.g. bonus) does match the expected amount in labor application, but attorney said it will not help.

Does the salary difference matter for CP interview?
Is there anyone processing CP with salary difference?

Any help is appreciated.

Thanks
 
Originally posted by SK2003_SK2003
My I140 is approved on 4/5/03 (EB2, CP).
Attorney doesn’t want to proceed with next step due to salary difference.
My current salary is $3K less than labor application amount.

HR made a decision not to increase the salary this year.

This year’s Salary + variable compensation (e.g. bonus) does match the expected amount in labor application, but attorney said it will not help.

Does the salary difference matter for CP interview?
Is there anyone processing CP with salary difference?

Any help is appreciated.

Thanks
Click to expand...

No Problem. The salary mentioned in the LC is payable once you
attain the Immigrant status. What you are getting now is not so
important.

With a difference of $ 3 K you can go for CP without any problem,
as long as the employer is ready to give a letter stating that
you would be paid the LC salary immediately on issue of Visa to
you.

Raju
 
Re: Re: CP and Salary difference

Wow!! It seems to be I'm in the same boat. My current salary is almost $3.6K under what the LC states. I'm almost shure my current employer won't accept to raise my salary up during the current market conditions.

My question is: How much is an acceptable difference between LC and the current salary as stated in the employment letter?

Thanks

Airetupal
 
My question is bit opposite way, what if some one gets paid way above the DOL's stat...does it have any impact? please shed some lights.
 
Salary difference

Your salary after you obtain your greencard has to be equal to or more than the salary stated in the labor certificate. Even if your paystub and W2 don't reflect the labor certificate mandated salary, the employment letter should state an equal or better salary. In essence, if your employer is willing to state this in the letter, you are OK even if you are being paid less now. If your salary is higher-Don't worry-be happy!
 
Re: Salary difference

Gr8! Thanks Rajeev!

Hard work for me to convince my HR Mngr to sign and notarize the letter with salary differences!!!!!
 
in case they DO not want to increase ur salary after GC approval, sign a letter that basically is ur resignation letter and keep the date open for ur employer to fill in...when u come back with ur GC....he can accept ur resignation letter and he is no longer under obligation to pay u the salary proferred in the employment offer letter.

Howzzat?
 
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