Niladri/140_takes_over, RM_CSC others , can i pick your brain

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pceefan

Registered Users (C)
Hi Guys

I need some clarification on the thread that you guys just replied on Future employment.

My case is like this, EB1, L1, A 485 pending from Dec 2001. The approved 140 was for a base of 60,000 dollars and incetive of 20,000 and so total of 80,000$

Now I have a job offer from a new employer, luckily the new employer is flexible in terms of giving me the kind of offer letter I want. He wants to make sure that i get the GC

But the new job has extensive travels to India, the first part of the assignement is setting up a India Dev center.(but payroll will be run in the US)

Now the new employer is offereing me a salary of 48,000$ and bonus of 12,000 dollars

Now, this is in no way equal to approved 140 terms, but the new employer is prepared to give me an offer letter with 60k and 20k as per approved 140.

My freind RM_CSC of this forum suggested another brilliant idea and he said, take the new offer, ask them to pay you for the first 15 days. The take long leave FMLA, go to India and continue to work, but don't get paid. When an RFE comes ask new employer to pay you 60k and send the RFE response saying u were on FMLA and have joined back!! VOILA

Guys, pls advice, this is a once in a life time opportunity for me and I don't want to miss it and I want the GC too since I have waited for this long. The easiet option for me is to say no to this dream offer and continue to work with my present employer, that for me is a defeatist mentality, so am doing everything it takes to make this..PLS HELP
 
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I don't like the FMLA idea, but that's me. The idea may be workable, though.

What is complicating this case is the incentive pay...which BCIS can argue is not as mentioned in your LC etc.

Can you find a way to get the new employer to pay you at the $60K level per month? The paystubs will doubtless be requested in RFE.

Your EVL should state both

1. pceefan is employed as blah, at $60K
2. will be employed as Bigger blah at $80K upon acquiring the I-485 degree :)

You already know that you dont have to match the LC salary till the future employment happens. However, if you state $48K in (1) above, they might question it. You would still fight and win, but it will mean getting a fiesty attorney, legal expenses and time.

I am fairly sure that this case can be handled, but needs a good lawyer to carry it through.
 
pceefan,

Don't see the problem at all. I wouldn't advice you to do anything illegal, because your legal case itself is very strong.

The bottom line is that GC is for future employment not CURRENT! As long as your employer is willing to give you a letter stating intent to pay LC salary upon approval, you are okay!

(Just some clarification on what you meant by "base of 60,000 dollars and incetive of 20,000". Does that mean, LC salary of 80,000? If the LC salary is 60,000 $, as stated by Niladri30 a good lawyer should see you through without any problems. But if it is 80,000 $ and you make around 3/4 th the stated salary then it could be a problem. Which is when the illegal part comes into play.

If someone were to give you illegal advice on this, he could ask you to leave your current job, get another job in a fake desi company, pay yourself a salary of 80,000 $ for a short while (couple of months), leave that company and re-join your current company. Offcourse your current company needs to be understanding since you will be working for them in the time being as well. :)

Regardless, I would get a good legal opinion on this before deciding either way.

I think the opportunity you have is a terrific one. I know of this guy who was working as a senior product manager for a big corp. He volunteered to go to India to start their India operations with 5-10 people. In 5 years he has 2,000 people reporting under him and has moved from Product Manager to Senior VP! :)

Good luck to you!
 
I agree with you niladri30. pceefan you should talk to a good lawyer and handle your case practically and not emotionally. I'm sure you will get other such opportunities in future also as now most of the companies are sending their work to India but should not take any chances with your GC. My lawyer told me that my salary should be same or more than LC and may be problematic if less.

Ofcourse there must be some way but pl. consult the lawyer before you take any step.
 
Thanks guys, that was a much needed fresh breeze . So since my brin is beinging to work on this how abt this for an option

I tell my new employer to run a payroll as per LC terms for 15 days, then ask him to stop running it completely, whiel I go to India and work and then when I get the RFE and since I will have 84 days to reply to it, restart the payroll submit the latest 3 paystubs and explain that I was on leave for family reasons for the last X months from the first paystub

Do you think it will stand ?
 
pceefan,

I don't think that is quite a great idea. Because the IIO can always count the dates that you return from FMLA only after the RFE has been generated.

Instead how about this,
Keep getting paid your current salary with payroll being run as always. When your RFE is generated, submit an EVL stating that they will pay you LC salary upon approval, after getting the approval, in case your company is privately owned, you can make payments to the owner in cash to make the difference and he can pay you a higher salary for a few months, all you lose is the tax on 20,000 $ extra per year, which is nothing. OR you could take the chance and not do anything illegal, but if INS comes after you after approval, you go back to them with a good lawyer who can say that you are in India running India operations so are being paid in Rs and well as $! It is easy to show any documentation coming from India :)

Good luck!
 
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