Green card Rejection

R

radhag

Registered Users (C)
Hi,

I heard from my friend that one of the Green card case is got rejected due to the less income, meaning that person's annual income is between 60K and 65K , INS is pointed out that since he is getting less salary, so he is got rejected.

Will it be possible? Please clarify my doubt.

Thanks in advance.
 
Don't believe the part about being rejected at AOS. It is possible and there have been posts on people losing their green card after getting it for the same reason. But labor etc. is all done considering prospective employment and not current employment. So it shouldn't matter how much money he is making currently, but he better be making the money stated on his labor certificate.

If the assumption about rejection while under AOS is not true, please state the case more clearly for a more informed answer.
 
Hi I40_takes_4ever,
Do u mean to say if we get less salary than Mentioned on LC
& If Employer Produce letter saying LC mentioned Salary will be paid after GC Approval, INS won't reject 485 Application.
Nowdays sends out RFE lot than before asking for pay stub.

Have you ever seen any 485 rejected case due to less salary before 485 approval (not after GC approval)??

Thanks
Sank
 
Guys

Speak to yr lawyer and he will justify. While income stated in yr LC is important, it all depends on what gross you made in one year i.e. Regular Salary, Performance Bonus, Sign-on etc. Your Labor rating will it-self have a threshold salary level below which rated occupation/profession is not allowed to earn.

A good lawyer brings-up these finer points to INS's notice..
 
I've heard of INS challenging it with an RFE. The response must be adequate to convince INS that the person's wage will be increased to that stated in the LC and I-140 when the GC is approved. Of course, this is a matter of some discretion on the part of the INS official and different officials may be more or less suspicious. If the response is not adequate, INS will deny the petition. I've never had one denied though for this reason but I guess it is possible.
 
Jim

This is a time tested philosophy in big5. They do it all the time specially in 2002 where Salary cuts, rare bonus, variable salary are found acceptable patterns... Their lawyers know how to petition.

On a separate note, each labor rating will have an labor benchmark wage. This wage is always found lower than the labor declared salary. Isn't that true?
 
Hi Jim Mills,
If one Has history of getting less salary than LC salary, if he joins new employer Where he gets LC mentioned salary. At the time of RFE, Will INS look into New employer pay stub & offer letter?? INS won't look into previous employer who started GC??
Whatever may be total income in one year during previous employer Period.

Thanks
sank
 
Jim Please response.

OK, what if you work in a different state. Now I work in WA and my salary is 10K less than it was in the silicon valley. but if you calculate the cost of living, it should be more than equivalent.

also, do you think that it is better for me to ask to transfer my 485 to the service center that WA belongs to.

Your answers are so much appreciated
 
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