Less Salary from LC in W2, any problem in CP

A

abihitesh

Registered Users (C)
Hi,

In my last W2 (2002), my salary is $11,000 less then labour certification. Although W2 for year 2000 and 2001 shows $12000 more then LC.
Also my current H1 salary is $12000 more then LC.

Is it risky to go for CP? Any case with similar situation and got approved from NWD.

Also, my I-140 got approved from VSC in first week of Jan 03, NVC has not received documents till date, I tried calling 603-334-0700.

Thanks in advance.
 
W2 Vs LC salary...

Generally, drawing a salary that is less than what is mentioned in LC is not a problem, as long as the employer gives the employment letter saying that you would get the LC salary on attaining the immigrant status.

The cause for concern is the fact that you are not being paid the salary mentioned in the LCA ( the basis for the H1 ). I can not say for sure, that the Consulate would look into this. But if they notice
they may doubt the company's ability to pay you the LC salary on getting the immigrant status.

The time it is taking for the file to reach NVC is long. Normally it should take no more that 10 to 12 days. Keep calling them.

Raju
 
might be a problem

As far as I know..
The LC salary can't be less than the one in LCA(basis for H1) and when you go for CP interview they will always compare what you are getting/got vs what was declared in LC petition. Having more salary is not going to be a problem but getting less might pose a problem.

Thanks,
 
Went for H1 stamp in India

Hi,

I went to India in Jan 2003 and showed my pay stup (which shows monthly salary more then what is specified in LC) I got my H1 Extension stamped. I was on official leave for four months last year otherwise the regular salary is more then LC. Thus its just a matter of W2.
Do we have to show W2 in CP? If only tax returns are shown then adding my wife's salary (now she is on H4) it will be more then LC and we can show tax transcripts which show total salary but details are inside the document. If they ask specifly for W2 then it may be a problem. My company can write that I was on leave last year, do you think even than it may be a problem?

I am getting normal salary since Oct 2002.

OK, can anybody tell that how much time does it take the I-140 file from VSC to NVC. Is there anyone else in same situation?
Does anybody know why www.cptracker in not working?

Thanks
 
LCA and LC are independent entities.

LCA is for H1B, [non-immigrant visa] and you MUST get what is mentioned in the LCA.

LC is for PR, aka Green Card [immigrant visa]. You should get what is mentioned in the LC after you get your GC and the job position may be different from that for the H1B.
 
Yes you are correct

I understand, I am getting my current salary as per LCA. LC is less then LCA about $11000, but due to leaves in last year my annual salary last year was even less then LC.
 
Do somebody know about W2?

Do we have to show W2 in CP? If only tax returns are shown then adding my wife's salary (now she is on H4) it will be more then LC and we can show tax transcripts which show total salary but details are inside the document. If they ask specifly for W2 then it may be a problem. My company can write that I was on leave last year, do you think even than it may be a problem?

I am getting normal salary since Oct 2002.

OK, can anybody tell that how much time does it take the I-140 file from VSC to NVC. Is there anyone else in same situation?
Does anybody know why www.cptracker in not working?

Thanks
 
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