Experts, need ur help!

X

xikou2002

Registered Users (C)
Experts, need ur help!

If I am earning (much) less than the wage as in the LC,
say, in LC this amount is 92k and I am carrying 74k.
The company is not willing to pay 92k upon GC approval
because this is a huge increase.

Anyone knows is it legal/possible to file I-140/485 without
asking the employer to pay 92k on GC approval? For example,
does INS accept that the company will pay be only 92k*90%
=83k ? I've heard paying just 90% of the salary as in LC is accepted by INS, is this true? If so, how about the chance of approval?

Thanks!
Ugent pls advise...
 
Please check this board

My friend:

There is information on this borad in connection with your problem. Please check this 485 board and the labor board too.

Send a question to USVISANEWS.COM under their Wednesday's questions and you will hear from them most likey.

Good luck!!!
 
To my understanding your company has to pay the salary stated on the labor upon approval of yout I-485 petition. There were posts here that INS overlook sit. But then there were posts that said INS is checking to make sure that the company is paying the salary mentioned on the labor.

I was in the same situation as you are now. My company refused to write a letter stating that they will pay me the salary mentioned in the LC. I had to refile my I-140 with the new salary. I lucked out since I was able to do a LC subtitute. If at all my company was willing to write the letter, I would have had the GC by now. My process was delayed by 11 months. I am glad that I dind't have to restart the whole process right from LC.
 
Many thanks, vault

Many thanks, vault,

You are lucky that you could find a LC substitute.
But if you could find a LC sub, why was your process delayed
by 11 months? I mean if you had a LC sub, you did not have to wait 11 months; and if you had no LC sub, you would have probably started from the beginning because you did not know
you could find an existing LC sub or not.

Do you also have any idea that, if I file concurrently, and
after 180 days I will change my job to a new company with
a similar job, is the new company also obliged to pay the
salary mentioned in LC?

Happy thanksgiving!
xikou2002
 
i'm in exactly the same situation. but in my case i have received an RFE asking me to submit last 2 year tax returns, 3 months pay stubs and employment letter. my salary is also less by almost 20k than what it was filed at the time of Labor. I changed job after 180 days of 485. Please let me know if you find any solution.
Thanks.
 
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