I485 Pending and Salary cut

sgm

Registered Users (C)
Background -
My husband came to US on L1A Visa to work in a multinational company. Presently he is working in the Bay area (California) and so he gets Bay area allowance as part of his remuneration. In his I-140 petition, his total income was projected and no break down of basic and allowances were shown. However, there is a statement in the employer letter that says that the total remuneration of $xxxxxx includes, basic, allowances and bonus. The client that he was working for, has cancelled this project and December 15, 2003 will be the last day. I-140 was approved almost 6 months ago and I-485 is been pending for almost a year now.

Current Scenario -
My husband is not going to loose his job after December but will be put on an other project with similar duties. Only hitch here is, he may or may not get the extra allowance to add up to the sum projected in I-140 petition. The difference is substantial. If he does not get the allowance, his income will drop to almost half. He will still get bonus but that will only be given at the end of the year and it depends on the profit that the company makes.

Queries-
What are the chances of his I485 being approved with his salary being reduced to half?
Is the salary, a criteria for I485 approval in EB1 category? (He did not have to go through LC)
I would like some suggestions from some of the senior members on this forum on how this issue should be tackled.

This forum has great information on immigration issues. I realy appreciate your effort in bringing people of common issues together.

Thank you

Confused and Scared

sgm
 
Originally posted by sgm
Queries-
What are the chances of his I485 being approved with his salary being reduced to half?
Is the salary, a criteria for I485 approval in EB1 category?
SGM,

1. Chances are very good that he will get his 485 approved. GC is for future employment and NOT current employment. If RFE'ed (which is almost 100% definite considering it is an EB1 case), he will have to provide a letter from his employer (EVL). Which will need to state that he will be paid the full salary commensurate with his experience/job profile and average salary for people in his position. He is lucky in the sense that he does not have to make LC salary (EB1 has no LC).
2. Technically, EB1 is basically people who will contribute in a huge way to the national interest. As long as he can prove that (his lawyer should be able to help in this regard), there shouldn't be a problem!

BTW Sunday evening is a bad time to expect prompt replies! :) So don't feel too bad if your post hasn't been answered.

Bumping up for Niladri30/BitterMan to take a shot at the questions!
 
More clarifications

Thank you 140_takes_4ever!

No, I wasn't feeling bad. I was a little restless I guess. We will be contacting our lawyer today and should hopefully get some answers. I will post them as soon as I get them.

All the work was done by the company lawyer and we just signed wherever he wanted us to sign! How dumb is that? So, we didn't know the implications of this change in employment scenario. It was promissed to be a 7 year project or else we would not have moved. I guess we were fated to be in this messy situation.

Anyway, let me get myself a bit educated on this immigration process. Does the officer who approves I485 have all the documents of the applicant? I mean, the I140, AP, EAD etc. Before they approve I485, will they look back on all the pertaining documents?

Getting a EVL (Employment Verification Letter? Is this a good guess?) as you have stated would not be a problem. But, they will only mention the basic salary. You have also said that the lawyers have to convince the extraordinary ability. He is not any extraordinary! His EB1 is on multinational executive position. We were RFEed (Sorry for verbalizing) for I140 approval and the company provided all the information to prove his managarial skills. I140 was approved in a week's time after sending the RFE. So my question is what else do you think the lawyer needs to prove?

Your thoughts and suggestions would be appreciated.

Regards

SGM
 
Lawyer says ....

Our lawyer says that the salary wouldn't be an issue for I485 approval in our case. I guess I just have to wait till I hear from INS for a RFE and go from there.

SGM
 
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