Niladri/!40 takes over/MY GC Waiting and others,

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pceefan

Registered Users (C)
Guys, I know this must be pissing , me asking the same question again and again, but am asking this for the last time, so pls bear with me and reply, I will make it up with special prayers to Ganesha that all your GC's get approved!


My 140 was approved for 95,000 dollars (EB1, WAC-02-080 series) 485 pending from Jan 2002.

My new offer from the new employer is like this..You will draw a base salary of $60,000 and an incentive of $30,000 paid annualy.

The new company lawyer says it shd be fine..my lawer who all along said fine is now saying hmmmm....

New co lawyer says that as far as you have the potential to earn close to the 140 approved sal and yr desig and job dutuies remain same u shd be fine

SO PLSSSSSS take a stab at it:D
 
Offer letter is not what you will produce, but EVL. An EVL will state that you are currently employed with XYZ and that we( current employer) will pay pceefan a total of $100K including bonus and incentives.


Get such a EVLfrom new employer and you will be fine. Ask junior for advice on this.
 
Sounds okay to me as long as the job profile is the same or similar.

I guess you couldn't negotiate the extra 5K as incentive? Which would have been icing on the cake! :(

If your company is willing to give you a letter stating your salary/incentive will go up by 5K after you get your green card at time of RFE, nothing like it. I don't think at the high numbers we are talking here, 5K will be cause flagging for post approval review.

I would say go for it specially if your lawyer is willing for fight it out. Make sure he has experience doing this kind of thing before. And that you get good vibes that he knows his shit!
 
When you negotiate the extra 5k and get it Can we pls have a party....with liqour and nice girls ofcourse...

that was my part of the stab...uaaaahhh...did it hurt..:D ::D :D
 
Originally posted by pceefan
Guys, I know this must be pissing , me asking the same question again and again, but am asking this for the last time, so pls bear with me and reply, I will make it up with special prayers to Ganesha that all your GC's get approved!


My 140 was approved for 95,000 dollars (EB1, WAC-02-080 series) 485 pending from Jan 2002.

My new offer from the new employer is like this..You will draw a base salary of $60,000 and an incentive of $30,000 paid annualy.

The new company lawyer says it shd be fine..my lawer who all along said fine is now saying hmmmm....

New co lawyer says that as far as you have the potential to earn close to the 140 approved sal and yr desig and job dutuies remain same u shd be fine

SO PLSSSSSS take a stab at it:D
Click to expand...

Guys,

I am not trying to throw a 'spanner in the works' here, but what if BCIS considers only salary and not the total emoluments. Specially, if the 30K bonus/incentive would normally be tied to performance (pceefan, can you confirm this is not tied so)?

Yeah, EVL can be made to say that this guy is capable of making $100K(or even 140 million a-la-Richard Grasso) once he gets GC, isn't there a possibility that the following questions can be asked:

1. How does the company justify that once the GC is issued this guy's salary can jump nearly another 60%?

2. Sorry, I lost my train of thoughts because of a meeting.
 
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