I-140:Current salary higher than that indicated on LC

shuraz

Registered Users (C)
I-140:Current salary higher than that indicated on LC
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Hello!

Now at the time of I-140 filing, my current salary is 6% higher than that indicated on the LC ETA-750A (due to routine annual raises).

May this be an issue for the INS? If yes, how can it be addressed now to avoid RFE, etc.?

Thank you!
 
Don\'t panic, salaries are expected to rise with inflation

What if your GC process takes 5 years? Does that mean you will not get a raise from your employer for 5 years?

INS is only concerned with the fact that you continue to maintain the job classification filed on your LC. If LC specifies certain salary, you should be getting paid at least that much by your employer. As long as you are not taking a huge salary cut, you are fine.
 
Just to elaborate...

Thanks!

So this rule applies to both I-485 AND to I-140?

[i.e., Salary indicated on I-140/I-485 must be at least the amount stated on LC] ?
 
it is good, my opinion

Yes, it is good for your GC application, either I-140 or I-485 when you have a salary increase than LC.
If your salary is lower than LC, you might get trouble, but if higher, NO!
 
reply

Acturally my salary difference was 11% in I-140 and I-485. Do not worry abut your salary increase, salary decrease is something needed to worry about, OK, shuraz?
 
How about if it is increased 30%

Is it going to be a problem? I got a huge raise this year due to my innovative idea development. They promote me in moneywise but I am doing the same thing what was stated in LC job description. Do you think its going to be a problem?
 
How about promotions

Salary increases are straight forward as you are doing the same kind of job you mentioned during LC stage. Does getting promoted to a higher level create any issues from Labor to I140 or I485 stages?
 
Yes

Yes. if you get promotion with different set of complexity of the job, your LC will be rejected. You have to file a new LC with new set of job description.
 
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