Future Employment

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gc_2025

Registered Users (C)
HI All

I read some discussions about Future Employment (GC). Presently i am working as a developer and my salary is say $65000. As per the approved LC new Title is : Sr.Developer and new salary is $80000.

In case I get a RFE to submit W2's and Paycheks

1. Will it be a problem sinces my present salary is only $ 65000 which is less than the salary as per the LC.
2. What are the documents to be submitted for RFE to support the salary.

any suggestions/ IDeas

Thanks
 
1. I always thought Green Card is for future employment and the Salary specified in the LC is applicable to only Future employment.

2. If the employee wants to change the Employer, may be he should use AC21 , hence the new title and new salary should be in accordance with the LC to continue the GC process.
 
I think ..

Hi gc_2025

I think if the person sticks with the company who initially started the 485 process there are hardly any complications. One can have salary less than labor cert. but when an RFE is issued the company needs to issue a letter stating that they are willing to hire you and pay the salary defined in the LC after your GC is approved. ( future employment)

But if one uses AC-21 to switch the jobs, then Salary plays an important role. Since laws of AC-21 are not fully clear, the BCIS officer might insist the current the salary to be = or greater than that specified in LC.

May be the senior members have a better idea on this

-AALC
 
AC21 also is for future employment.

The employee transfers:

intent to join 'future' employment with current I-140 sponsor
TO
intent to join 'future' employment with new sponsor, by using the same I-140, as provisioned under AC21

The new future employment has to be in the same occupational classification as the old future employment; hence same salary ballpark as in LC.

The 'current' employments (i.e. prior to I-485 approval) are irrelevant in law.

Please do note that BCIS interpretations are frequently not this liberal... and certainly have no basis in law either.
 
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gc_2025

You can happily be a Developer at 65K now, if your EVL says that after your I-485 is approved you will be employed as Senior Developer at $80K.

No issues.
 
GC_2025,

AaAbLautChalein put it very succinctly!
when an RFE is issued the company needs to issue a letter stating that they are willing to hire you and pay the salary defined in the LC after your GC is approved. ( future employment)
Click to expand...

Usually the documents required to prove salary are your W2's and Paystubbs.

Just a word of caution/advice, Make sure the company that you are currently working for knows what they signed up for when they put down your LC job description and salary. Because that is what they signed up for in applying for you LC. In these troubled times INS is actually following up on cases that don't meet the norms as far as salary is concerned, and by chance if your case is flagged they will follow up even after issuing you a GC. In case you are not making the stated salary AFTER you get your GC, they can still withdraw it. So make sure you company pays you what it says it will pay you after you get your GC or you will be in big trouble.

But for now, you are okay on your current salary, and shouldn't worry about RFE as long as your company gives you that letter.

Good luck!
 
gc_2025 > Promotion should be fine

Getting promotions in same line of business with the same company is absolutely fine. Don't worry about it.
 
Originally posted by gopher97
niladri,

do you mean I-485 approval instead of I-140?
Click to expand...


Yikes! I do mean I-485.
Thanks for pointing out the error. Am correcting (editing) immediately!
 
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