Damn!!! I am confused(I-485, AC21 and Higher Salary)

B

Bindaas

Registered Users (C)
Guys,
I heard the following from a very reputed attorney..

My Question to the Attorney:
my LC filing date: DD-JUN-2001
Salary number on LC was : $50 per hr (sample number)
got raise in 2002: from $50 to $ 70 per hr
Got raise again in Apr 2003: $70 to $ 85 per hr

Changed employer last month: now making $100 per hr

Now my question was to them, is it a problem, will INS question??

Answer from attorney:

>"Any difference in salary from what is on the LC is a potential concern, and
>the larger the difference the greater the concern. Where a salary is
>substantially higher than the LC salary, the CIS may be suspicious as to how
>it can possibly be the same or similar job if the salary is so much higher.
>If just an AC21 filing, I'd leave out the salary."

Man!!
I have never heard that getting more Salary from what is on the LC is a potential concern. I have heard that getting less salary is something point of concern.
It is my growth, one should not have problems if a person is growning. I guess, I don't understand something, will INS ask me why are you growing or why are you making more money???

In 2 years, one will not grow???
 
are yaar BINDAAS...

looks like I'm in the wrong field...I need to do what you are doing :D

Not sure what the answer to your question is though...better talk to your lawyer...or lawyer/S??? ($$$) :D
 
Bindass
What kind of job u do "Bindass" Is it software?? those rates seems out of world in current economy!!! If you don't mind , pl share ur job description., will definately handy for lot of folks here.

Anyway answer to ur q/s, I-485 is based on permenant employment. I don't think INS consider hrly($100/hr also) will consider as permenant employment. So get in touch with lawyer as always.
 
bindaas

is this US$ or some other country's (or in some other planet)? i make less than what you make in three full days! maybe i'll now get the guts to talk to my employer...

as far as i understand it, unless CIS is convinced you've completely different job functions now, they don't care about your salary. check on murthy.
 
Guys sssssssssssssssss!!

You guys need one small chance to pull anybodys leg :D :D :D :D :D :D :D
That's what I like more about this forum..

If you see my post, I mentioned hrly rate as sample, or rather example, it is not correct rate, but I am now making doubled the amount what is mentioned in LC.

I asked this question, just to clear out my attorney's thought process in this regard, and as I mentioned, that attorney is highly reputed, we sometimes talk about that attorney in this forum also, there are only few attorney are considered as good as that atorney.

orca: I am here in the same planet and the same country you are.:D

GCLookup: it is a permanant employment with my AC21 employer.

GURUS...., where are you ????, please help this poor guy...
 
Bindaas

Your case will raise a flag for the reason that the IIO will wonder why you are getting so much more than in the LC unless something drastic happened with your title or job duties. So he will send an RFE to verify your job duties again. Once your company notify BCIS that the job duties remains the same, he will go ahead and approve it. So, your's will be a case of getting RFE for sure and then getting approved as well. That's all. Nothing to worry about.
 
gcard2002

Thanks for the reply, I appreciate.
Anybody Else, if wants to say anything else, please shoot ....

Thanks
 
that shouldn't be

a problem, until unless IIO get jealous about your salary :) :) (Just kidding)
but if you get a chance check with other lawyer too. You are not the only one , there are many people in the same boat. I mean got some hike etc.
good luck

waiting_4_485
 
I got an RFE after filing my I485 asking for proof of current employment as well as the proferred wages. My salary was almost 20% higher than the one listed in the Labor Certificate. In my particular case, it did not cause any problems and my I485 was approved.

I would ask:

1. Is your current job description same/similar to the one that was approved?

2. Will your current employer provide official documentation to demonstrate this fact?

If the answer to your questions are yes, I would think you should not have to worry. A higher salary can be because the market forces have changed for a profession or because of an individual's recognized abilities. If the higher salary is because you have a different job (i.e. you've been promoted to manager), that may be another issue.

rgds,
sadiq
 
sadiq

Thanks buddy,

My Salary is almost 100% more than the LC. I am little bit tensed. but, I am working for the same client for past 3 yrs and doing the same thing, so that would not be difficult to prove.
 
Bindaas,

If you do get an employment RFE, all you really have to list your job title and salary (usually).

In your case, for peace of mind you could include more information (of course clear it w/ your lawyer):

1. What the LC job description was
2. Statement that your current job description is the same as the one in your LC:
3. If you have a good reason as to why you're getting paid double, maybe you could include it. (i.e. Outstanding performer, favorable market condions etc..

rgds,
sadiq
 
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