Current Salary and I-485

[Kavitha7929]

Friends: My friend got into this problem.. or atleast his company is saying that...

When his Labor was applied his salary was mentioned as somewhere around 85. But he has been getting 70 for last 3 years.

His I-140 is also certified recently. His employer (big India based company) is telling that they cant apply for 485 because his current/past salary is different from whatever mentioned in Labor.

Could it be true"?

Thanks
Kavitha

 

[pralay]

Friends: My friend got into this problem.. or atleast his company is saying that...

When his Labor was applied his salary was mentioned as somewhere around 85. But he has been getting 70 for last 3 years.

His I-140 is also certified recently. His employer (big India based company) is telling that they cant apply for 485 because his current/past salary is different from whatever mentioned in Labor.

Could it be true"?

In short, NOT TRUE. His company is trying to delay the GC processing with a dubious excuse.
GC is for future employment, therefore whatever salary figure mentioned in LC is for future employment (after getting GC). Though current salary figure is a good indicator of "future salary" (after GC), but still that is not a big issue - certainly not a factor for not applying 485. Many people got their GC with lower salary figures than LC salary (before getting GC).

I would suggest your friend to insist his company to apply 485 ASAP. He needs to talk to the attorney to discuss (hopefully he will tell the truth). Once attorney tells him the truth, he can talk to company again and insist to apply 485, referring whatever attorney said. If that does not work, get a copy of LC and I-140 approval receipts and apply 485 silently in your own, without telling employer.