I485 Denial based on salary

DESI

I was not trying to scare. Galaxygc had posted a few days back that his friend got GC revoked after 3 months of approval due to exact same reason, i.e. salary paid was below what was mentioned in LC and I-140. Somebody tipped off INS about that guy. Also in your post it is clear that INS has taken this stance. Lawyers can contest it if they want. No question about that. But your post itself shows that INS is changing it's policy.
 
woreq123

Thanks for your comments. I wanted to clarify on your question. There are different kinds of scenarios for salary(specially in the sw/IT field)

1. When you are paid more on the hourly basis, the hourly rate comes into play. This is usually the case for contractor type of jobs. For example, a DBA getting $65/hr. There could be some or no bonus. In many of these cases you get paid strictly on the basis of hours.

2. When you get paid on a base + bunus structure, the hourly rate does not matter and is not mentioned anywhere in employment letter or the paystub. This is usually the case for a regurlar payroll job where your base is not necessarily dependent on hours and your bonus is based on some MBO plan. Bonus payment could be yearly or quarterly, but is usually yearly for IT kinds of jobs.

3. When you get paid on a commission basis, your base is is usually low and the bulk of income usually is the commission or 'upside'. For example if you take a business development job, your base can be low but based on how much business you bring in, your upside can be significant. This bonus is usually quarterly.

So, my friend basically changed his job and his salary structure went from type 2 to type 3. Although he expects that he can/will earn more in this new job, but if INS looks at the base salary ONLY, then his salary looks like half from previous one.
 
Please comment on this one

Hi All,

Earlier I posted this message, but didn't get any feedbacl
So, please shed some light on this one too.

If the employer is willing to give you a future employment offer letter for the $$$ specified on labor, but pays about 25% less than that amount until approval, then what will happen??
Will INS still deny such a case?

Regards.
 
Update - gc isalary issue

My friend is planning to change his employer so that he gets paid 75 k which was specied in labor as per lawyers advice. His lawyer is sending a letter to INS to re-consider the GC revocation along with the new company offer. Hope & wish INS considers his case.
Lets keep our finger's crossed.

I will let u know once I hear anything back.
Lawyer has suggested to change jobs if required to get the salary specified in labor if the current employer cannot pay that salary by the you get your GC.
Hope this helps friends .
 
I believe anything not in the AC21 or any law is not enforceable

INS cannot suddenly change the rules in the middle of the game and say those who changed jobs should get the same salary level as before, can they? They could send Intent to Deny, but once the case is contested the 1-485 candidate has a great chance, because its not specified under the current law unless amended.
 
INS has never released the regulations of AC21 ...

hence the AC21 implementation is a very fuzzy area ...

infact all the attorney's like Shiela Murthy, Jose Latour, Siskind etc were advising that its risky to change employers using AC21 law as the regulations have not yet been defined by the INS ....

So I think one can definitely contest it as per the AC21 law, but INS' implementation of the law can have a very different meaning ...

Hope the INS understands what we are going through these trying times ....

All the best guys !!
 
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Seems like salary is becoming a bigger issue, specially after 9/11. Please post any feedback you receive from your attorneys. Also, please post if you exchange emails or talk with people like Rajiv Khanna or Sheila Murthy on this topic etc.

It will benefit all of us.
 
Does anybody knows whats the status of a person in the case GC is revoked, whether the person has to go back or what are the options.
Thanks
 
Gupta, this might help you

Hi Gupta,
If you can, try to get a future employment offer letter with the salary mentioned on labir from your company. They have nothing to loose by giving you this letter. According to my lawyer there shouldn't be any problem from INS in approving this case.

Best of luck.
 
Hi 180Member,
The asked for employment letter from my company which processed my GC but they said they cannot provide me with any kinda letter, I dont know whether the company which I am gonna join will give me such letter.
Thanks
 
Hi Gupta

Hi Gupta,

As per my prediction, our cases are not going to be approved in the neat future. So, you have some time to solve this puzzle. First join this company. Something is better than nothing. Try to convenience them about your situation. If it is a consulting firm and if you are on project there are 99% chances that you will get such a letter, otherwise also there is nothing wrong trying this approach. Hope that you get some other offer meanwhile.
 
Hi gurus,


My RD is Nov-11-01. I have an offer, which is few (single digit) % less than my LC salary, but It contains more benefits. New salary + benefits are much higher than current salary. Any problem to my GC if I take the new offer?

Regards.
 
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