Does I-140 have salary requirement

J

jxw35

Registered Users (C)
Hi, I wonder if any of you can help me on the following situation:

I just got my labor approved. My employer said they decided to file my I-140 first instead of filing I-140 and 485 concurrently. The reason they present is that if they file it them concurrently, there is a possibility that by the time I obtain my GC, the salary level still lower than what's required for my case. So by filing it separately, it will give them more time to reach the salary level by the time I receives GC.

I never heard that there's salary requirement for the I-140 filing. So I don't know if it's an excuse for them to hold my application for longer period.

Can anybody help me solve this puzzle? Thank you so much for your help.

:confused:
 
That reason is indeed, pure bull.

I just checked - the 140 has a column for wages per week, the 485 seeks no such information, so not filing the 485 because your salary is not 'high' enough is not a valid argument at all. The only time the USCIS should match your salary against your LC should be at the 140 stage.

I also need to update a friend of mine who was told a similar story by her employer with this info also.
 
jxw35

A lot of people are using AC-21 as soon as they are getting I-140 approval. Most probably your employer wants to tie you with company for another 6 months after I-140 approval.

As "PhillyKP" said, "Salary and other financial matter are more important during 140 stage then 485".

Also, they don't need to pay you the prevailing wage mentioned in LC before you get the GC. I don't understand what is their thinking behind the reasoning. I guess they are just trying to delay the GC process in your case.
 
Thank you so much for your quick responses. So if my employer insist to delay filing 495 for me, can I hire my own lawyer to file it by myself without notifying them? Are there any risk associated with that approach?

Thanks again!
 
Ideally, speaking, I would say no, but are you planning on informing them of your proposed plan to file the 485 yourself? There are some inherent risks going down that path -

Potentially, your employer may not even find out that you've filed the 485 by yourself, esp if they have provided you a copy of the 140 receipt (which you will need to do the 485). If they don't give you a copy (which they might very well do, since the 140 belongs to them, not you), then you would have to file for a copy with the BCIS, using the FOIA. At that point, I'm not sure if the USCIS will actually notify your employer/attorney about your request before sending you a copy. Alternatively, if you do have the 140 receipt, you can file for the 485 without an issue. However, with the notorious (in)efficiency prevalent in the USCIS, what if they mail a courtesy copy of the receipt notice of your 485 to your employer/their attorney?

If you are proceeding along this route without your's employers concurrence, be aware that you run the real risk of your them getting pissed off and withdrawing the 140 petition altogether, again, well within their rights to do. Keep in mind that this would trigger an automatic cancellation of any EAD/AP as well as your 485 petition that you might have, at that time. That, would not be a good thing.

You are the best judge of what your risk tolerance level is, based on what you think your employer's reaction will be, if they find out you've gone ahead and done what they did not want you to do.

Hope this helps...

K

Originally posted by jxw35
Thank you so much for your quick responses. So if my employer insist to delay filing 495 for me, can I hire my own lawyer to file it by myself without notifying them? Are there any risk associated with that approach?

Thanks again!
Click to expand...
 
You must log in or register to reply here.
Top