Current Pay conflicts Pay mentioned on 485 application

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gopalvengadam

Registered Users (C)
Hi,

I am sorry if you guys have already answered similar queries.
My GC is in progress with CSC and my ND is Dec-26-2001.
When I applied my 485 my gross pay per annum was $65,000/- and the statement was attached as one of the documents. Obviously due to the downturn of the economy my gross got drastically reduced and now i am getting only about $38,000/-.

I know my GC is only weeks away and i am afraid i would get an RFE on pay stubs which would conflict my original pay.
Can that be cited as a reason for rejection of my 485 application?. should the current salary match the one mentioned while 485 was applied?.

I will greatly appreciate any advice on this regard.

Thanks
gopalvengadam
 
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yes, there could be some problem. Consult a good lawyer to handle this situation. There would definately be RFE for EVL, paystubs, etc.
 
My 2 cents.....

r u still with the same employer?
If yes then there should not be problem. Your current employer has to give you letter saying that he would pay you x amount as soon as you get your GC.

If no then i think if you get RFE(by any means if your employer has send an application for revoking 140) then you would get an RFE. and that time it might create a problem for you.
The best way to tackle this problem. Search for time being an employer who can give you EVL saying that much amount.
Don't know what adjustment you have to make with him.
 
1. GC is for prospective employment and NOT current, so current salary has no bearing on GC salary.
2. As long as the company you are working for gives you a letter stating that they will pay you LC salary on approval you will get your GC.
3. A point to be noted is that your current salary might be below LCA norms, in which case your H1 might be cancelled.

If I were in your shoes, I would look for another job on my EAD, make as close to LC salary as possible while keeping job description constant.

Good luck!
 
I am with the same employer and i think my employer can give a letter of notification on the future salary as required!

Is there any more issues still?

-- gopalvengadam
 
Gopal,

I don't think it should be a problem, I was in the same boat as you are now (8 months ago) I took a 20% pay cut when I switched my job. I got an RFE. I replied them with my current salalry (at the time). My lawyer says pay is not a problem as long as you are in the same or similar position and occupation and make more than $25000 per year. (it seems the $20 or $25K is decided by the INS as some benchmark.. I don't remember the details he told me...) My 485 is approved and the salary was never an issue.



-junior
 
-- I love these corrupt indian employers....

Sorry gcwaiter100, I feel i have a great employer and need no comments on the same.. corrupt is a wrong word and i think you are either not an indian or do not have good employer


give_GC_now --
Your reply seems to comfort.. thanks
 
Originally posted by 140_takes_4ever
1. GC is for prospective employment and NOT current, so current salary has no bearing on GC salary.
2. As long as the company you are working for gives you a letter stating that they will pay you LC salary on approval you will get your GC.
3. A point to be noted is that your current salary might be below LCA norms, in which case your H1 might be cancelled.

If I were in your shoes, I would look for another job on my EAD, make as close to LC salary as possible while keeping job description constant.

Good luck!
Click to expand...

Point #1. As long as your employer is willing to give you a letter stating that they will offer prospective amployement with that 65K salary, the max INS can do is ask for explanation of why that isn't being paid right now. Which a lawyer can easily challenge as irrelevant to GC. So all in all, ur cool dude.
 
I am in a similar situation.....I am switching jobs from northern california to southern and the pay scale difference is substantial since I previously negotiated my salary at the height of the dot com boom.

I need to switch from my company attorney to one in southern cali, can anyone suggest a good immi lawyer down there that is competent to handle this type of case?

thanks
 
gopalvengadam,

I meant corrupt in a good way more like helpful.....like helpfully corrupt....or corruptfully helpfull...either way.....dont sweat it out....




Originally posted by gopalvengadam
-- I love these corrupt indian employers....

Sorry gcwaiter100, I feel i have a great employer and need no comments on the same.. corrupt is a wrong word and i think you are either not an indian or do not have good employer


give_GC_now --
Your reply seems to comfort.. thanks
Click to expand...
 
Thanks Junior, thats really a big issue about which people ask so many questions. But you are live & successful example. Your informations are really helpful although I'm not in this boat.
 
My take is, this is a grey area. If 3 paystubs are requested and you show a S slip of 3k a month (in this case) and then say you will double it after GC.. does it show intent on part of the employer?? Current salary is a basis of future intent is what Ms Murthy says.So I really don't know. You better have a good lawyer

But Juniors experience talks otherwise.
 
I too submitted 3 paystubs. 1 was from old employer and 2 were from current employer. It never seemed like a problem to me 'cos my lawyer always downplayed the salalry issue..

infact he said I don't even have to have a job at the time of RFE. all I need is a job at time of interview...

-junior
 
QUESTION

chief i am also in the same boat and i dont see any difference b/w yours and my case.

what am saying is that am working part time, since i needed some time off. that should be fine. if there is a question of salary in the RFE then underplay that.

you are entitled to work part time. thats solves it. if you have a kid then tell them you are in the best time of your life and you have to spend enough time with your baby.

if BCIS comes back then ask to them to babysit...kidding

you are fine man...relax.

if Arnold can become Governor then you can become BCIS CHIEF.
 
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