Employer paying more than LC rate

S

Shawna

Registered Users (C)
I am really sorry to beat the same horse again but...
It was widely dicussed the obvious issues during AOS when employer is paying less than LC rate.

In my case i just have received a 20 % pay increase while remaining at the same position. My i-485 is pending for 15 month now.

Is my AOS in danger now?
I will appreciate the shared experience or advise on such matter.
 
I do not think that this will be a problem, at least based on what my lawyer tells me. Since I had the same question at the I-140 stage and he was right then. It makes sense to get normal and performance raises over 3-4 years, as long as duties do not change substantially.
Good luck.
 
But does it need a new I-140 or LC? During the LC and I-140 process the original salary has been submitted. Does the same job responsibilities and jobe code but diffrenet slaray means different position?
 
I faced a similar situation. By the time i received an RFE, I had moved to a different company ( same type of job etc) but my salary was substantially more.

I do not think this is a problem ...they should take into consideration that since the whole GC process takes years, of course salaries are going to change...I anticipate a problem only if the swing is too much...for eg: If you were making 80K when you filed and now you are making 300K!!! This is unlikely for most of us.
I suspect that their main concern is that the salary should not have decreased to such an extant that you might become a Public charge.
Here is another tip. If you get an RFE for emp letter...you can say you are making at least XXXXK per annum ...you do not have to state the exact amount....of course ultimately it depends on the individual officer.:)
Rastamandrum
 
No. It is not a problem. In your LC and I-140 they mention the minimum salary they are going to pay.. you can get annual reviews, can get hikes...etc and you can be paid more than that.. It is not a problem.... no need to panic...... u r good.
 
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