HOW BIG OF AN ISSUE HAVING LOW PAY (difference of $5/hr) can make or break the case?

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girishreknar

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ISSUE HAVING LOW PAY ? and LUD keeps changing means ?

HOW BIG OF AN ISSUE HAVING LOW PAY (difference of $5/hr) can make or break the case?

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Hi

I got my i140 APPROVED and RFE for i485 due to negligence of my attorney by not submitting first couple of H1B documents. SO the Notice of Intent to Deny accusing me of not maintaining status will be solved after providing those couple of h1b's

however, they have whole bunch of other docs such as W2, pay stubs, birth certificate etc. Now, I have changed my employer and location after 1 year of filing my I485 (concurrent to i140) and I went to INDIA for about 6 months after coming back was unemployed for a while so I have very little money on my W2, will that cause a problem?
My attorney says no! His concern was I should get paid to the labor approval rate, which I do. We have already responded to the RFE and waiting.

Now, I have a very good PERMANENT job offer on table
· similar job description but different title (systems co-coordinator), my labor approved as programmer and
· Would pay little less than labor rate, my labor was approved for $41 /hr IN New York, now am at LA (less cost of living compared to New York) with offer of $36/hr

HOW BIG OF AN ISSUE HAVING LOW PAY (difference of $5/hr) can make or break the case?

I can't afford loosing this offer, what should I do? I have seen few people getting approved in this forum with less pay but my attorney is also a seasoned experienced attorney so can’t deny him as well…. Confused !!! Thinking optimistically should I take this offer?

Any honest suggestions are appreciated!

Thanks!
 
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Please don't create mutiple threads for the same issue again and again. You already have two threads going on Simultaneously and you will have problems collecting all the advices.

And regarding your concerns as I mentioned in your another thread Same Issue , you will have to make the call based on your personal situation.

It looks like you are in interested in this job offer, so go ahead as a difference of $5 should not be really an issue. But just make sure that at any point of time, your salary should not go less than the poverty level in US around $40K/Annum.
 
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I agree that the poverty level is below $30k, but i just wanted to say that it is always safe to get more or around $40k minimum wages per annum depending upon the case.
What..!! poverty level is not $40K/Annum.!!!
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Thank you all, I can't agree more, on top of it the current company is small and afraid that might raise adjudicators eyebrows however my attorney looked at company tax info and said it was ok.

Now, the new job offer is GOVERNMENT JOB so no problem of COMPANY POTENTIAL ISSUE but the salary is less that my labor approval rate. On top of everything my attorney an experienced fellow insisiting me to stick on the current job SIMPLY BECAUSE my current pay is more than my labor approval rate.

In other lines, which is important ?
SPONSOR COMPANY POTENTIAL TO PAY vs MY SALARY BEING EQUAL TO MY LABOR APPROVAL RATE ?

This is killing me, GOVERMENT has give me time till October 5th to decided if not I will loosing the offer.

Thanks much!
 
Move along with your gut feeling. If I were you and if I wanted that job, I would've gone for it..for sure.
 
Here is my response posted in your other thread :
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Getting lesser salary than that mentioned in LC is NOT a problem. Firstly Laws are not written on the basis of salaries and secondly salaries change all the time. Thirdly nobody has ever got a denial because of getting less pay in the new company. Lastly, this issue has been thoroughly looked into by me by asking questions to lot of people who have got employment RFE and based on their feedback i have come to a conclusion that salary difference is NOT an issue.
Also the title diference is also not an issue. What matters is the area of work job description. So go for the permanent job without worries.
 
Thank you satish for your support, My Lawyer has a big firm with some 16 attorney's and few paralegals THAT is the only reason which is making me to respect his view.

Since I have time till October, hopefully mycase will get through by then if not I will go for it.

Any further suggestions or experience verdicts are appreciated!

Thank you, I am feeling great about this site and UNITY Among INDIANS, kudos to Mr Khanna.

dsatish said:
Here is my response posted in your other thread :
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Getting lesser salary than that mentioned in LC is NOT a problem. Firstly Laws are not written on the basis of salaries and secondly salaries change all the time. Thirdly nobody has ever got a denial because of getting less pay in the new company. Lastly, this issue has been thoroughly looked into by me by asking questions to lot of people who have got employment RFE and based on their feedback i have come to a conclusion that salary difference is NOT an issue.
Also the title diference is also not an issue. What matters is the area of work job description. So go for the permanent job without worries.
Click to expand...
 
girishreknar said:
Thank you, I am feeling great about this site and UNITY Among INDIANS, kudos to Mr Khanna.
Click to expand...
We have settled in America and as such i consider myself more american than an indian. Also this site is for immigrants from every country and they are all great. Believe me, you will love this country more than india, because here you will not be discriminated against based on your caste. In india backward castes are discriminated against in villages and forward castes(even if they are poor) are discriminated by Governent of india which denies them admission into 50% of the jobs, and trying to introduce this dirty discrimination in private industries also.
 
please don't...

Satish

With all due respect! Lets not debate here in this site about which country is better, all countries are created by almighty and everycountry has its UPS and DOWN'S.

One thing though! putting your motherland is like putting your mother down!
 
girishreknar said:
Satish

With all due respect! Lets not debate here in this site about which country is better, all countries are created by almighty and everycountry has its UPS and DOWN'S.

One thing though! putting your motherland is like putting your mother down!
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My friend,
My earlier posting was a spontaneous reaction to your phrase "unity among Indians". Any way, i would like to let you know that i have not given up on india just because i have come to USA a few yrs back. I just happened to be very bitter in the recent days about some policies of the new government and the frustration has shown up. I have burnt my mind for 35 yrs thinking of doing great service to our country, and here i read in news papaers that the government is thinking of making me ineligible for 50% of the jobs based on my caste. Don't you think it is tough to digest such a news ? Anyway, it is better not to discuss about the issues that divide people and that's why i have not elaborated much in my earlier post and i am not going to do that here also.
 
dsatish said:
My friend,
and here i read in news papaers that the government is thinking of making me ineligible for 50% of the jobs based on my caste. Don't you think it is tough to digest such a news ?.
Click to expand...

Don't worry. It will NOT happen.
It won't hurt the children of your "girl friend" living in India:D:D
 
October 5th approaching...

Guys!

Deadline approaching, what should I do? I wanna consult some attorneys, know how to find good ones ?

Thanks


girishreknar said:
Thank you all, I can't agree more, on top of it the current company is small and afraid that might raise adjudicators eyebrows however my attorney looked at company tax info and said it was ok.

Now, the new job offer is GOVERNMENT JOB so no problem of COMPANY POTENTIAL ISSUE but the salary is less that my labor approval rate. On top of everything my attorney an experienced fellow insisiting me to stick on the current job SIMPLY BECAUSE my current pay is more than my labor approval rate.

In other lines, which is important ?
SPONSOR COMPANY POTENTIAL TO PAY vs MY SALARY BEING EQUAL TO MY LABOR APPROVAL RATE ?

This is killing me, GOVERMENT has give me time till October 5th to decided if not I will loosing the offer.

Thanks much!
Click to expand...
 
Girish,
Based on the experiences of several people , you can be sure that this is not an issue. If salary difference is an issue, then no body would have been able to use AC21 successfully. If INS wants to make an issue out of salary differences, then they can also make an issue with cases getting more salary in the new job . So if you feel that you can't miss this job, then don't hesitate. Most likely you will not get an RFE (90% of the people not getting it). If you get an RFE, then you will have 3 months to reply and if you want, you can move to another company (from the govt job) at that time. I personally do not prefer to go for low paying jobs even if it looks more secure. Think about it. Don't waste time and money on consulting attorneys. Make your own decision.
 
LUD keeps changing means.. ?

There was an LUD today as well but the message has been same since my first response to NOID which is :
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On August 5, 2004, we received your response to our request for evidence or information. It is taking between 365 and 540 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
==================================
Does this frequent LUD means anything ?

Besides waiting for email, is there any other way to check the status ? perhaps! like calling them ..

Thanks
 
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