EB2 Salary Issue for my friend / GC rejected

G

galaxygc

Registered Users (C)
FYI ----

My friends GC got rejected after getting approved because was
not getting the salary he has stated on the labor query.
He has got a notice from INS yesterday. This is really weird.
During labor, he has got a query that he needs to have 74k by the time he gets his green card. His employer in VA has sent a letter to INS saying he will 74k when he gets his greencard.
I wonder how INS came to know about his pay ???
Poor guy he is really depressed and is in process of contacting his lawyer about this issue.

Any suggestions for him ???
Anybody thru this situation, Please let me know.
 
Curious - Do you know what the time gap was between the approval date and the day he got the denial letter.:confused:


Hope things work out for yr. friend.....
 
His company may be informed about his salary.
( Saying that....we won't pay 70K whatever ...)

Otherwise, There is no possiblity to know INS about his salary.
Did they ask his pay check afterwards or Just denied.

Tell him to check with his internal HR people.
 
Time gap is about 3 months.

He do not know about his company sending letter to INS about salary. I dont think so that employer complained about the salary as my friend has very good terms with the company.
Help and suggestions are welcome !!!
 
Did he change job during AOS?
or did he got RFE or local interview before approve?

never heard sth like this. revoke after approve just because salary.
 
This sounds weird but possible

The GC is based on the lobor certification which says certain amount salary specified on the labor needs to be paid after getting the GC.

But as far as I know there are 101 ways acceptable in law thru which the LC salary does not have to be paid,

1. Slow Economy

2. Loosing of some contract.

3. Labor market condition current

4. Customer not agreeing in a particular contract

5. Contract rate scaling down

etc.

as far as I know these are all acceptable clauses.

The person who has posted it did not mention how long he had approval since INS send the revokation of GC.

Or the person must have gone to Claim Unemployment.

Or otherwise somebody is bullshitting. We request to please put the correct picture.
 
galaxygc

Please give the correct picture. Did he claim for unemployment?What were the other issues involved with his Gc process? This is freaking me out since I am going for stamping soon. I don't even know what was specified in my Labor as salary. My company is not even responding properly. We had to take some paycut some time back. I am worried now!
 
W-2

The INS can look at the W-2 and it will tell them what your buddy
got paid last year. If it is less than $74K, there is a problem.
 
Can you get the tenses right, so that we might understand the situation?

> My friends GC got rejected after getting approved because was
> not getting the salary he has stated on the labor query.

So he got approved, and then his approval was revoked?

> During labor, he has got a query that he needs to have 74k by the time he gets his > green card. His employer in VA has sent a letter to INS saying he will 74k when he > gets his greencard.

So during the Labor Cert process, INS wanted his employer to pay the
prevailing wage? At that time, his employer replied to the INS saying that
he *will* be payed the prevailing wage upon his approval?

> I wonder how INS came to know about his pay ???
> Poor guy he is really depressed and is in process of contacting his lawyer about this > issue.
Understandably - he is being punished because the employer didn't stand
by its word. Maybe the INS is cross-checking with the IRS? Who knows.
There must be more to this story somehow.
I'm not poo-poohing this though. With the current economic climate
and American citizens raging against the H1b programme, maybe the
INS is under pressure to be seen cracking down. The other day
someone posted a Murthy chat session where she said they
were taking a hardline stance on salaries.
 
galaxygc

Hello!Galaxygc, Where are you? Why are you not answering the above questions? Are you real?

I have another question for people's suggestion.

If a person has an offer that offers salary way more than specified in the Labor, is that enough?
 
Chicken65

I think you are right about W-2 (or pay slip). W-2 could be submitted on two occasions:

1) I-485 application
2) RFE

It is possible that the guy got an RFE to submit W-2 form or pay slip (It has year to date salary as well). It was over-looked by the adjudicating officer and was later re-opened (either due to internal instructions or tip-off from the employer). There is also a possiblity that W-2 submitted during I-485 itself had less salary, which was overlooked by INS.

INS liasoning with IRS is unlikely, but not impossible. The only puzzle is, why would they do it after the approval and not before.
 
Then tell me what in these cases

I am aware of lot of cases where 485 was approved when they were laid off by the sponsoring co. Actually this happened just after they filed in the 485.

I know lot of people like that working in Gas stations, Cab Driving and working in walmart.

What about them......
 
INS can verify from state and IRS regarding your income anytime they want. There was a case on this portal where a person GC was rejected becuse the employer deducted the taxes from paystubs but did't deposit to the the nessary authorities and that guy GC was rejected and guy was facing chrages of nevr to get US visa forget about GC. So check with the employer what's he doing also.
 
Guys I could answer some of your questions

from the information I got from my friend.

Chicken65 !!! to your questions :-

Q)Can you get the tenses right, so that we might understand the situation?

***** Sorry guys ! I have typed that post in hurry.

Q) So he got approved, and then his approval was revoked?

******He got his I-485 approval in July, 2002 some time. He is EB2 case.His approval has been revoked.


Q)So during the Labor Cert process, INS wanted his employer to pay the prevailing wage? At that time, his employer replied to the INS saying that he *will* be payed the prevailing wage upon his approval?

**** Yes !!! Your interpretation is right !


------- gcwait0902 !!!
I have posted my friends case to help him and others. There is nothing I could benifit from this. Infact, I am wasting my work time to help others.

To others :-

The only query he got was during the Labor process.
I-140 and I- 485 went really smooth.

Thats all I can tell you right now. I will post the updates on his case.

Its already late for me. I ve got to go.
 
Wonder if this has something to do with the audit, since it just ended....... Does INS typically review prior approvals to check for discrepancies?? Also Q3 ended recently, maybe INS checked the company's Q3 tax filing and found something wrong with the wage paid.

I hope whatever it is, can be smoothed out with INS without too much grief....
 
question about prevailing wage

Does anyone know where one can find the prevailing wage in a particular state.

This case seems shocking. Can't believe it. How does one know what is the prevailing wage at a particular point of time in a particular state ?
 
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