I485 Denial based on salary

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guptatushar

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Hi Gurus,
Have you ever heard of INS denying I485 on the basis of new job offering less salary then specified in the labor after completing 180 days of I485 filing.
Thanks
 
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I got offer from the company but salary is less than what was specified in Labor, what are the chances of denial and is there a way we can convince INS.
Thanks
 
Salary Question

The INS does not live in a vaccum. The are aware of the market and know that salaries have decreased across the board. You need to refer to your LC and find out what salary range was mentioned in that. If you are within that range you should be OK. Basically the rule of thumb is that you should be making enough to support yourself/family. I have not seen a single denial due to a salary decrease.
 
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Guys,
Please keep this thread alive. Plese post your comments on INS Vs Salary.
This is important to post of the victims of post 09/11 as major layoofs took place around this time and many more are there with less salary like me after changing employers.

Keep it alive.
 
Guys,
Is there any new Rule according to which the new employer should pay the same wage as specified in Labor, or INS can deny the case. These days there is major salary cut and companies are not paying enough, I am really worried whether to join the company at low wage. If in future INS finds that I am making less
then what was specified on labor, is there a way to convice INS or they will simply deny the case.
Thanks
 
yes they will deny

Recently galaxygc had posted that his friend's GC got revoked after 3 months of approval because someone tipped off INS that he was getting less than what was promised by the company duiring labour and I-140. I also read on murthy website that INS has informed AILA that they are taking a veyy strict view of the ability of the new employer to pay to their employees. This applies to all who change job after 180 days and also those who do not and stay with the same sponsoring employer. In case of galaxygc he was with the same employer and was being paid less than what was promised on labour and I-140. INS is now taking a very very serious view of this situation. So please beware of what you do and also please talk to your lawyer and employer asap.
 
I spoke with my future employer but he is not willing to pay me what was specidied on labor, here's what my lawyer says

There is concern for lower pay, but as long as the new job is in the same or similar occupational classification, you are in compliance with the Immigration laws and regulations. Therefore, your I-485 shall not be denied on the basis that you have changed jobs.

These days due to tough market conditions its really very difficult to find a job and its difficult too to match the salary. I am scared, I dont know what to do, to join the company at low salary or what? Please advise me
Thanks
 
Please Reply

I have to join the company this Monday, what are your suggestions gurus, to join the company or to look for another job. Please reply
Thanks
 
If I were you , I will take this job. something in hand is definitely better than nothing. And I think your laywer'comment is reasonable.
 
Hello Tushar,

Looks like you are really desparate, first of all relax... :) :)

I was going through exactly the same situation earlier and I changed employers after around 180 days plus 3 weeks. It was not that I wanted to change, but the circumstances were such that it was either that or I may be without job, possibly.

In fact after changing, the salary that I was being paid , is more than that what I was being paid at that time by my consulting company.

That said, it's still a couple of thousand dollars less than what is mentioned on my I-485 letter of employment/Labor. This can be a problem (?). And incidentally I have still not informed about my job change to INS. Hope they don't find out and hope I don't get an RFE :) :) I did not move to a new place, because I was required to send AR-11 and there u have to mention ur employer's name, which would be different and could raise a flag.

What I thought that time, was that the job is more important, rather than GC. If I don't have a job, then what will I do getting a GC. And I took the new employment. What I am saying, the decision that you have to take is yours and yours alone. Weigh your priorities and take a calculated risk/gamble (?).

As far as I am concerned, in case you are making above the threshhold minimum (around 15K-20K) for a family of 4, then you should be fine. If INS refuses, then fight them, I am willing to fight in my case. Of course I pray to God that GC is not refused because of that. :) :)

Hope this helps... Good Luck in everything you do...
 
Thanks 180Days guy for reply, what are the chances of getting RFE and how does INS comes to know that person has changed jobs, in my case the job is in my state so I dont have to relocate and I dont think I have to inform INS about the new job. How can we fight against INS, as far as I know INS first isuues RFE which a person has to reply within 90 days, and if INS is not convinced with the replies then INS sends Intent to deny, so at what point we can fight with INS.
Thanks
 
If INS doesn't come to know about ur job change, then why worry right now?

RFE will come only if ur application had a problem whem submitted, otherwise you should have a smooth sailing..

Don't harp on fighting INS, who wants to get into law suits and legal wrangle.

In case you have to fight, then it will be at the very end when you receive a NOID (Notice Of Intent To Deny)..

So relax buddy, enjoy urself.. have a nice weekend...

Incidentally planning to open a bottle of Chivas Regal and Bailey's Irish Cream tonight as couple of my close friends who lost their contracting jobs couple of weeks, found new jobs, although in a different location..

So Judai ke gam me celebration karengaa, aapun..
Daru peene ka bahana chahiye tha...
 
guptaji all the bst

because your lawyer still seems to be day dreaming in the old world. The world ha changed today. Denial based on salary paid has a very high chance now. that's why lots of RFE's are being issued for Employement letter and paystubs etc. I hope you haev a smooth sailing but please don't let anyone know that you are being paid less becasue ANYONE can tip off INS and you will be in trouble. So keep it to yourself. If INS ignores it GREAT. Else god knows what may happen. Don't mean to scare you !!!
 
Hi 180daysguy,
Thanks buddy for boosting my moral, I am expecting RFE from INS
as I got RFE for photgraphs ( EAD and AP) and I sent the same snaps for I485, I am also expecting RFE for medical as doctor didnt submit the supplimentary form. I pray from God not to get RFE for employment letter or pay stubs.
Chalo yaar phir, zindagee ne kya kya dikha diya yahan USA mein
 
What about this possibility

If the employer is willing to give you a future employment offer letter for the $$$ on labor, then what will happen??
Will INS still deny the case?
 
Guptaji, I do not want to hijack your thread, but since you are able to get some attention in this thread, I am adding my friend's story here. Good Luck to you in your case!

Gurus, let us keep this thread alive as I have noticed a lot of salary related rfe's this year. I started a separate thread (url earlier in this thread), but did not get much traction.

A friend of mine had 485 filed through Employer 1. He got affected by reorg. He has been looking for a job for last two months but never went for unemployment. He got a RFE for employment records, pay stubs, tax papers etc. Now he has to reply before December 15th or so (90 days). He has got a job offer from Employer 2 and the job description is exactly the same as the one filed in 485 application by Employer 1. However, the salary structure is very different. Say if he was getting $x base + $y upside from Employer 1; now he will get $x/2 base + $z upside such that the over all income should be the same. Meaning even if he just meets his targets, $x + y should be equal to $x/2 + z. Did not mean to make it sound like an algebra puzzle, but you get the idea, the base is half the previous and rest is upside. He has decided to join this job (in the next few days) as this is the only offer in hand and this will at least give him a paystub before 90 days expire.

1. Have you seen something like this before? Job desciption vs salary structure - which one is more important.
2 When INS talks about salary, are they specific enough to say base vs. overall income.
3. Is there a way to delay the 90 day rfe response time? So he can find a job with comparable base.
4. Any other advise that you might have.
 
Bobby

I don't understand what the upside is ? Could you explain. I never got any upside or downside from employer. You always get one fixed hourly rate whether you are working on salaried basis or hourly basis. His paystubs should have ONE hourly rate. That's it. That is the salary. Bonus does not show up in the regular paystubs but only at the end of the year. Other benefits like 401K etc do show up in the paystubs. But you always get only one fixed hourly rate. I have never heard anybody getting x + y etc. If your friend's hourly rate was x and it became x/2 then it means his salary is now half and he is screwed as far as 485 is concerned. even if y is bonus or 401K or insurance blah blah doesn't matter. They go by the hourly rate. Look at shusterman to figure out the Prevailing wage in your state. It shows the hourly rate only.
 
My case will be screwed up if Ill get RFE, what are the chances of getting RFE, INS is issueing RFE for most of the cases or only to those cases when they find that company has lay off's or what could be the reason of INS issueing RFE's.
Thanks
 
Hello gupta

Somebody asked same question to Attorney Murthy, here is what she says:

Chat User : Is there anything new regarding the AC21 regulation? Thank you very much.

Attorney Murthy : Yes, the INS is now taking a more strict approach about the new employer's ability to pay the salary. All along, the INS had been taking the position that a salary above poverty limit would be acceptable. Now they have changed their position in meetings with AILA representatives and have stated that the new employer may have to pay the same wage as set forth in the LC or I-140 petition. This is a radical change of INS position that we have to argue is not mentioned in the AC21 law, so is not enforceable.

--So, she says that "it's NOT ENFORCEABLE", I think, it means that you can fight with INS in case any GC denial, right!. So as per the LAW it doesn't say anything about the SALARY requirement ( only thing is, it should be same or similar job )...don't worry much!..make sure that SAME or SIMILAR Job

woreq123: In your earlier post, yes - you are really scaring to death people over here about GC rejects. Do you know anybody's GC rejected because of SALARY? Did you ever see anyone's GC rejected on any reason?..
 
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