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I-140 from a very small company, Jim and Gurus please help
- Thread starter jeremy
- Start date
For your information. My company has five people. My I-140 has been approved recently.
Originally posted by jeremy
I am getting a offer from a small (2-3 employee) consulting company based in Kansas. The company was established about 6 months back.
Would there be any problem getting I-140 approved ?
They have a project for me at a client location.
Thanks to all gurus in advance
Originally posted by jeremy
I am getting a offer from a small (2-3 employee) consulting company based in Kansas. The company was established about 6 months back.
Would there be any problem getting I-140 approved ?
They have a project for me at a client location.
Thanks to all gurus in advance
It all depends on your company's financial position.
I had a question on 140...At the time of processing the 140 application, do they check for the W2 wages mentioned in the Labor certification? meaning do they verify if the employer is paying the exact salary mentioned in the LC petition?
e.g if the salary on the LC petition is 80K , then do my company has to show INS at the time of 140 processing the proof that they have paid that much of exact amout to me?
iam wondering does anyone got any querry or has some similar situation on this?
My salary is not that close to 80K... so I am thinking it may be a problem or not?
please advice.
thanks
e.g if the salary on the LC petition is 80K , then do my company has to show INS at the time of 140 processing the proof that they have paid that much of exact amout to me?
iam wondering does anyone got any querry or has some similar situation on this?
My salary is not that close to 80K... so I am thinking it may be a problem or not?
please advice.
thanks
Reply
Love2002,
In my case they did check. I had 2 RFEs and they asked amlost everything including w2 and company payroll. I believe they out of question in the end.
My I-140 got approved last month my attorney believes that my salary matches LC is the important fact. I think it is better to match but may not be necessary since GC is for future job. One of my friend's case approved and he did recieve RFE questioned salary issue. I don't know how he got around it.
Love2002,
In my case they did check. I had 2 RFEs and they asked amlost everything including w2 and company payroll. I believe they out of question in the end.
My I-140 got approved last month my attorney believes that my salary matches LC is the important fact. I think it is better to match but may not be necessary since GC is for future job. One of my friend's case approved and he did recieve RFE questioned salary issue. I don't know how he got around it.
thanks for your reply...
I didnt understand the last point...you are saying GC for future employment? so means you applied GC for future employment in another company and got the query?
Also does anyone know what else they check during the 140 process? do they have list of things they will check for this process or they just check the salary to verify its matching with the W2?
appreciated your reply
thanks
I didnt understand the last point...you are saying GC for future employment? so means you applied GC for future employment in another company and got the query?
Also does anyone know what else they check during the 140 process? do they have list of things they will check for this process or they just check the salary to verify its matching with the W2?
appreciated your reply
thanks
love2002
I don’t think they check your current salary. GC is for future Employment. They don’t care how much you are making now. Even you can work company A and Company B can file Green card.
Let say you are working in your green card sponsor company and they are paying $30000.00 or less. But company has to wrote a letter saying “They will hire and pay $60,000.00 (LC Salary) after Mr. Love2002's Green Card approve” Talk to you Attorney. I hope this helps.
Best of luck Love2002.
Thanks
Nepal
I don’t think they check your current salary. GC is for future Employment. They don’t care how much you are making now. Even you can work company A and Company B can file Green card.
Let say you are working in your green card sponsor company and they are paying $30000.00 or less. But company has to wrote a letter saying “They will hire and pay $60,000.00 (LC Salary) after Mr. Love2002's Green Card approve” Talk to you Attorney. I hope this helps.
Best of luck Love2002.
Thanks
Nepal
Love2000,
nepal2003 is correct. Future employer can be current or another company.
About I-140 RFEs, they askes everything in my case. Mainly focused on company financial, tax return, payroll and so on. They also asked my W2, employer letter for the verify my current work and previous work, I replied upto two previous employers back, which covers 7 years history, LC required 5 years.
nepal2003 is correct. Future employer can be current or another company.
About I-140 RFEs, they askes everything in my case. Mainly focused on company financial, tax return, payroll and so on. They also asked my W2, employer letter for the verify my current work and previous work, I replied upto two previous employers back, which covers 7 years history, LC required 5 years.
Samir K Das
Registered Users (C)
Since I perceive some confusion in people's minds let me add my two cents!
Yes, green card is for future employment but if you have advertised (and filed under RIR) the salary stated must be paid by the employer all through--the premise is actually simple: you have rejected US citizens not accepting the stated salary and if you pay less tho the "green" prospect you are going against the law.
Also at the I-140 stage the entire labor certification process is revisited, and the company's financials to support the green card prospect and pay him/her the certified salary is examined.
Yes, green card is for future employment but if you have advertised (and filed under RIR) the salary stated must be paid by the employer all through--the premise is actually simple: you have rejected US citizens not accepting the stated salary and if you pay less tho the "green" prospect you are going against the law.
Also at the I-140 stage the entire labor certification process is revisited, and the company's financials to support the green card prospect and pay him/her the certified salary is examined.
This can be further discussed. I have seen I-140 approved while applicant paid salary lower than LC. My attorney indicated that one has been paid LC salary is important but he thinks it is not a must. Anyway I believe many people do not have choice on this under current economic situation. I have not seen I-140 rejected due to salary issue. As far as I can see from this forum, the main reason cause I-140 problem is education level issue.
Originally posted by Samir K Das
Since I perceive some confusion in people's minds let me add my two cents!
Yes, green card is for future employment but if you have advertised (and filed under RIR) the salary stated must be paid by the employer all through--the premise is actually simple: you have rejected US citizens not accepting the stated salary and if you pay less tho the "green" prospect you are going against the law.
Also at the I-140 stage the entire labor certification process is revisited, and the company's financials to support the green card prospect and pay him/her the certified salary is examined.
I hate to disagree with you here, but I'm afraid that I must. If the person is working for an employer pursuant to an approved H-1B, the person is in H-1B status while the GC is pending and must be paid according to the H-1B petition, not the LC and I-140, which is for a future position. The candidate does not even need to work for the sponsor until the GC is approved and it the person is working for the sponsor, it is pursuant to whatver the requirements of their current visa are. I've argued this with INS several times and I have never had a problem.
Participant
Registered Users (C)
Jim Mills,
thanks for the more clarification for which this/similar queries are goin' on different threads ,tilll now.
From the above,it is understood:
--------------------------------------------------------------------------------
As GC is future employmnet and I-140 is Petition by empoyer
for future employment,W2 wages of candidate need not be same/similar/more and infact doesn't matter even if it is less.
---------------------------------------------------------------------------------
Is the above statement reflects views in a nut shell?
For futher clarifiaction only:
Also,If w2 are asked at I140 stage (which is connected with employer only and GC is for future employment) why employee 's W2 ,is coming in to picture at this stage of proceesing?
Only company's-- financials/No.employees /profits/employee turnout etc, shall matter at this stage?
If the W2 of employee to matter for AOS related only, as adjustment of status may translate that an employee is already is here in a 'status' and to be 'adjusted' to this 'Status'.Here the Salary of LC of GC matters for 'adjustment' by interpretition and to be onpar?
I am layman,but going thro' related threads and many questions put forth by members,
a consolidation and an further clarification for the above will greatly help for the issue of present W2 to LC/I140/I485 for GC,
connection.Highly apprecaite for the help
thanks for the more clarification for which this/similar queries are goin' on different threads ,tilll now.
From the above,it is understood:
--------------------------------------------------------------------------------
As GC is future employmnet and I-140 is Petition by empoyer
for future employment,W2 wages of candidate need not be same/similar/more and infact doesn't matter even if it is less.
---------------------------------------------------------------------------------
Is the above statement reflects views in a nut shell?
For futher clarifiaction only:
Also,If w2 are asked at I140 stage (which is connected with employer only and GC is for future employment) why employee 's W2 ,is coming in to picture at this stage of proceesing?
Only company's-- financials/No.employees /profits/employee turnout etc, shall matter at this stage?
If the W2 of employee to matter for AOS related only, as adjustment of status may translate that an employee is already is here in a 'status' and to be 'adjusted' to this 'Status'.Here the Salary of LC of GC matters for 'adjustment' by interpretition and to be onpar?
I am layman,but going thro' related threads and many questions put forth by members,
a consolidation and an further clarification for the above will greatly help for the issue of present W2 to LC/I140/I485 for GC,
connection.Highly apprecaite for the help
w2 are checked usually to check whether the person has been employed and in status (without been on bench with no pay etc). if the w2 is substantially low then the bcis might check their lca or request reason for such low income reported. if the company can provide appropriate reason like person went to india for vacation for N number of months etc then it should justify. ofcourse this is not fool proof method.
Participant
Registered Users (C)
saigc,
thanks for your reply.I understand the gist of CIS broadly , to asking about W2s.
If it is not felt as further probing,
in your reply you mentioned about 'status'.
In my above posting,I raised about 'status',basically connected with AO'status' like thing? or Is it connected with I140.?
If CIS wants to be sure about the status or position of employee
again ,ought to be related more to AOS(485)than at the stage of I-140.(Basically the issues conected with osition/desription/salary/
etc.connected with company related matter).Also,just imagine in a case where there is no concurrent filing(Ex.Only I-140 filed),then
the beneficiary may have/may not have W2. and CIS asking W2..
CIS may be aking W2s may be true and they may have their own logic or sporadic.
This is just to elicit the matter fo fact as far as known/analysed
by the actual scenarios/experience to derive.as many diferent Opinions/experiences were borought forth in vaious threads from longtime.on
Appreciate the spirit of the members replied and replying which brings out a base,which immensely helps the members to plan/prepare the strategies who are in descripancies/problems/quandraries about W2 variances with LC .
The replies may not be legal opnions but still helps.
thanks for your reply.I understand the gist of CIS broadly , to asking about W2s.
If it is not felt as further probing,
in your reply you mentioned about 'status'.
In my above posting,I raised about 'status',basically connected with AO'status' like thing? or Is it connected with I140.?
If CIS wants to be sure about the status or position of employee
again ,ought to be related more to AOS(485)than at the stage of I-140.(Basically the issues conected with osition/desription/salary/
etc.connected with company related matter).Also,just imagine in a case where there is no concurrent filing(Ex.Only I-140 filed),then
the beneficiary may have/may not have W2. and CIS asking W2..
CIS may be aking W2s may be true and they may have their own logic or sporadic.
This is just to elicit the matter fo fact as far as known/analysed
by the actual scenarios/experience to derive.as many diferent Opinions/experiences were borought forth in vaious threads from longtime.on
Appreciate the spirit of the members replied and replying which brings out a base,which immensely helps the members to plan/prepare the strategies who are in descripancies/problems/quandraries about W2 variances with LC .
The replies may not be legal opnions but still helps.
If you are here on an H-1B, USCIS may ask for paystubs or W-2s to verify that you were working for the H-1B sponsor company while in H-1B status. This is to ensure that you properly maintained your status while in the US in H-1B status.
I'm not saying that USCIS will not challenge the company on why they are not paying the person in accordance with the approved LC and I-140. All I am saying is that if you adequately explain the situation there should be not problem.
I'm not saying that USCIS will not challenge the company on why they are not paying the person in accordance with the approved LC and I-140. All I am saying is that if you adequately explain the situation there should be not problem.
I've already answered this earlier in the post.
If the person is working for an employer pursuant to an approved H-1B, the person is in H-1B status while the GC is pending and must be paid according to the H-1B petition, not the LC and I-140, which is for a future position. The candidate does not even need to work for the sponsor until the GC is approved and it the person is working for the sponsor, it is pursuant to whatver the requirements of their current visa are. I've argued this with INS several times and I have never had a problem.
I can't say that USCIS will not challenge you and question why this is appropriate (it also could raise ability to pay issues, since the company is not already paying the offered wage USCIS certainly could question the company's ability to pay more). but a good response should overcome any objection.
If the person is working for an employer pursuant to an approved H-1B, the person is in H-1B status while the GC is pending and must be paid according to the H-1B petition, not the LC and I-140, which is for a future position. The candidate does not even need to work for the sponsor until the GC is approved and it the person is working for the sponsor, it is pursuant to whatver the requirements of their current visa are. I've argued this with INS several times and I have never had a problem.
I can't say that USCIS will not challenge you and question why this is appropriate (it also could raise ability to pay issues, since the company is not already paying the offered wage USCIS certainly could question the company's ability to pay more). but a good response should overcome any objection.