CP Salary issue.

R

Rams71

Registered Users (C)
Hi Raju, KD & others,

I have a issue with the salary. I make 20 % less than labor stated salary.

Company initially agreed to pay me the salary, But they have a ethical issue and they are thinking it is like lying to INS. I am arguing with the company that I have to be paid the GC salary atleast for 3 months after my GC approval. Is this right. Will the INS or BCIS check on this.

I might have my interview in June. Before that I need to convince my employer that they will be okay if they pay me 3 months GC salary. If I do not convince my employer they are asking me to the 485 route.

I would really appreciate your inputs.

Regards,

Rams
 
RAM:

Answered to your query via pm since you had pm'ed me and thats (pm) what i saw before seeing this post. Bottom line it should not be an issue. I would not take names but i am sure members / moderators would come forward to share their good cp experiences despite lower salaries.

Only other word of advice is be ready to answer the question if asked...the consular officer may ask why is company paying less than LC stated salary? Answer truthfully and it should not affect the end result.
 
Hi Kd,
I appreciate ur immediate response.

Here is the situation.

I had rough time during Labor process. Labor said I have to be paid 30 % more (from my current salary) based on their own calculation. I convinced my employer at that time (in order not to waste time) that they need to pay me for 3 months pro-rated the said GC salary. They bought into it.

Now being 2 years later I had an overall 10% increase. Employer is ready to give me a letter saying that I will be paid the GC salary as long as this process will not put them in Jeopardy.
I am tring to convince them they need to pay only 3 months and they can go back to my orginal salary after paying 3 months. Employer is saying that it will look like cheating from the INS view. So they are pressing me to go for AOS after 2 years. I am not budging with their ideas and at the same time they do not want to loose me. Employer is asking to prove that they will be ok with 3 months GC salary and Company will not be in Jeopardy in any way because of this issue.

I Know I am confusing you a lot. I have to make it work and save the time.

I am not talking about any CP rejection.

I will also bring this in the forum to get some light.
Regards,
Rams.
 
Just so I and everyone else are clear about the issue.

In this case on one hand Rams71 is drawing a salary which
is about 20% lower than the LC salary. This is not an issue
because what you make currently is not a big factor. Several
candidates have completed the GC process with this same
situation.

The main issue is his employer's reluctance to give a letter
stating that he would pay Rams71 the salary as specified in
LC.

I have read in several posts or chat places that in this soft economy the Consulate is not very particular about adhering to the LC salary. However I am not sure if Rams71 can go to the
interview with a letter showing a lesser salary than the LC
salary.

It is my opinion that he should somehow convince his employer
about this requirement. What happens afterwards is anybody's
guess!!

Raju
 
rams71:

I think your best bet as i mentioned in the pm (and also suggested by raju595) is convincing your employer to give letter stating the salary.

I am not sure what the salary increase for only 3 month's is all about. That is not ethical! And I concur with raju595's statement "What happens after cp approval is anybody's
guess!!"
 
Hi Raju,

My employer is willing to give the labor stated salary (30% more) if I can prove them that INS/BCIS or NVC will not be watching them what I am being paid after my GC approval.

My only point to them is Just pay 30% more for 3 months with promotion and 3 months later cite the reason to say due to bad economy and slump in sales they are eliminating my position and lower me to the previous position.

Is there anyone in the same situation who got GC approved but not getting paid less than the Labor/GC salary.

I had 2 suggestions to them.

1. In the employment letter I am asking them to say that I will be paid the GC salary based on the economy and Company performance. I do not know whether it will be an issue during the interview.
2. Instead of mentioning the salary in the employment letter I asked them to use the word total compensation which will be almost equal to the Labor/GC salary.
Compensation includes Social security, medicare, Pension Plan, retirement Savings plan, Insurance, etc...

Do you guys think any of the above suggestions will be an issue during the interview.

Regards,

rams
 
Hi Kd,

This 3 months salary increase is to match the Labor/GC salary. This was told by the attorney to my employer that I need to get paid the stated salary for atleast 3 months after GC approval. I do not know from where the attorney got the information.

In my previous post I meant Successful Cp'ers getting paid less than the GC salary.

Rams
 
rams:

My employer is willing to give the labor stated salary (30% more) if I can prove them that INS/BCIS or NVC will not be watching them what I am being paid after my GC approval.

Answer: Not sure how you plan to prove/ give assurance that USCIS is not watching your employer post GC. In fact, it is IRS (not INS) which has access to your salary info.
==============================================

My only point to them is Just pay 30% more for 3 months with promotion and 3 months later cite the reason to say due to bad economy and slump in sales they are eliminating my position and lower me to the previous position.

Answer: I hope you know although this MAY (not will) work as far as CP is concerned, this is technically illegal.
==============================================

1. In the employment letter I am asking them to say that I will be paid the GC salary based on the economy and Company performance. I do not know whether it will be an issue during the interview.

Answer: The employment letter need not justify reason (economy or performance or merit) for the amount of salary. The letter should simply state your position as per LC, salary as per yoru pay stub or salary as on date of approval (not including medicare, ssa, other fringe benefits) and job description as per LC.
==============================================

2. Instead of mentioning the salary in the employment letter I asked them to use the word total compensation which will be almost equal to the Labor/GC salary.
Compensation includes Social security, medicare, Pension Plan, retirement Savings plan, Insurance, etc...

Answer: This is not recommended and will not work. Salary is pure salary...playing with words will not help!
 
Hi Guys,

My employer is not interested in giving the employment letter for the labor stated salary. They are backing up from their stand. Employer intially agreed with the modified Labor salary and also they submitted the employment letter to INS during I140 stage.

If I go to the interview with the 20 % salary reduction from the GC salary.
1. Will there be any serious issue?
2. Can I be denied?
3. If they deny will they say lack of documentation and return the passport back to me. By that way I can travel back to US with my current H1.
4. Has anyone attended the Interview with less salary?

I would appreciate any response in the matter

regards,

rams
 
rams:

1. Will there be any serious issue?

Answer: Could be an isuse but in the last one year we have seen a number (roughly 25+) cases where folks have had salary's about 20% less than LC salary and had no issue or question asked. Due to the soft economy salary seems to be not such a big factor in deciding whether to issue the gc or not.
==============================================

2. Can I be denied?

Answer: Can it be denied. TEchnically YES. Will it be denied. I personally doubt seeing so many successful cases of folks with lesser salary.
==============================================

3. If they deny will they say lack of documentation and return the
passport back to me. By that way I can travel back to US with my current H1.

Answer: If it gets denied which i doubt, ack of documentation will not be the reason. It will be lack of your sponsoring company's financial capacity to pay you for the job being sponsored. But remember one thing whether you do 485 or CP if salary has to be the issue, it will come up either ways. It is not like if you do 485 you will be scott free! End result will remain same since reasons for denial in 485 are same as reasons for denial in CP. If the CP is denied (rare), your entire immigration process ends there and ther and your H-1b or any other non-immigrant visa for usa will be stamped as :"Cancelled without prejudice" making it invalid for your to travel to usa.
==============================================

4. Has anyone attended the Interview with less salary?

Answer: I have not but i personally know a number of folks who have and i will leave it for them to comment as i would not want to disclose names. And all of these folks have had interviews in last 1 year and have had successful gc interview!
 
Originally posted by Rams71
Hi Guys,

My employer is not interested in giving the employment letter for the labor stated salary. They are backing up from their stand. Employer intially agreed with the modified Labor salary and also they submitted the employment letter to INS during I140 stage.

If I go to the interview with the 20 % salary reduction from the GC salary.
1. Will there be any serious issue?

{What ever I say will not be so different from what you heard from kd. However your problem is the employment verification letter is going to mention a salary which is going to be about 20% less than the figure mentioned in the LC.

In theory this is a deviation from the rules, however in the present economy the Consulate may not consider this serious enough cause to deny your VISA}
2. Can I be denied?
3. If they deny will they say lack of documentation and return the passport back to me. By that way I can travel back to US with my current H1.

{Generally they cancel the H1 visa but in this case they may
allow you to come back on your H1. This is an educated guess on my part}
4. Has anyone attended the Interview with less salary?

{Scores of them, including myself. However your question
should be 'Has anyone carried an employment letter that
shows a salary figure less than the LC amount?

I have not read about such instances}

I would appreciate any response in the matter

regards,

rams
Click to expand...

{my responses}

Raju
 
Hi Raju and Kd,

I finally convinced my employer to give the employment letter with the labor stated salary. Thanks for answering all the queries and the support you guys are giving for the aspiring CP'ers.

I might have my interview in June'04 based on the reply I got from Chenai.

Regards,

Rams
 
Hi Raju/Kd,

Final outcome of this long dragging salary issue is I am really going to get paid the 20 % increase after I get the GC approval.

The Company said they will definitely pay me because they do not want to get into trouble with IRS. Will I be having hard time to convionce the officer if he asks me to justify the 20% increase.

I would appreciate your thoughts on this. You can email me in this address reb_ram@hotmail.com

Regards,

Rams.
 
Originally posted by Rams71
Hi Raju/Kd,

Final outcome of this long dragging salary issue is I am really going to get paid the 20 % increase after I get the GC approval.

The Company said they will definitely pay me because they do not want to get into trouble with IRS. Will I be having hard time to convionce the officer if he asks me to justify the 20% increase.

I would appreciate your thoughts on this. You can email me in this address reb_ram@hotmail.com

Regards,

Rams.
Click to expand...

If you carry a letter saying that you would be paid the LC
salary then you are in good shape.

There would not be any questions on this.

If at all there are any, explain how you would be more
marketable by virture of your PR status, or some explanation
like that.

Raju
 
Good, you got the offer letter issue resolved. Personally, I do not think it will be looked (and questioned) so closely as to determine a 20% increase between paychecks. To convince the Imm. Officer, I think it would be sufficent enought to tell, that the co. is now paying what is on the LC.
 
rams:

At least one less tension with this salary issue being resolved!

Enjoy the 20% hike! I guess something good really came out of this CP process! HAppy for you!
 
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