NSC requested to explain salary difference

ski123

Registered Users (C)
If the attorney screwed up my I-140 salary which was not the same with pay stub and much higher than I-485 salary, what could happen? Could this person be denied? Please help. NSC requested to explain salary difference. Any idea would be appreciated.

J.
 
GC is for future job.

Could your GC be denied based on the fact that your present salary doesnt match with that of mentioned in LC/140? It can\'t be denied right away. INS needs to know if Company intends to pay you same as specified in approved LC and 140 upon 485 approval. However, if there\'s a big diff. then INS may suspect the intentions of company and in that case may issue RFE. Any good lawyer should be able to handle such RFEs.
 
What do you mean if the comapny intends to pay me higher in the future?

Thanks. But the good thing is that my current salary is very close to the one when I filed I-140 which was mucher than when I filed I-485. I spoke to my lawyer about my concerns. He said that I-140 salary is for the future. But my pay stub is different from what he said. He said just to relax and he will handle this thing.
Please let me know.
Thanks again
J.
 
What do you mean the Company intends to pay you higher in the future?

Thanks. But the good thing is that my current salary is very close to the one when I filed I-140 which was mucher than when I filed I-485. I spoke to my lawyer about my concerns. He said that I-140 salary is for the future. But my pay stub is different from what he said. He said just to relax and he will handle this thing.
Please let me know. Thanks again.
J.
 
Well,

Company needs to pay you the same salary, if not lower, mentioned in LC/140 WHEN your 485 gets approved. Doesn\'t matter what your salary was when LC/140 was filed or doesn\'t matter what your current salary is right now.
 
No Title

Thanks. I talked to my attorney and he also said that this is for the future.
J.
 
different answer from my attoney

My current salay is 20% lower than prevailing wages mentioned in I-140. My attoney warns me to get around it with my employer before possibly getting REF fr INS, at least closer to prevailing wages as possible. I have asked him the same questions as you have that, as my understanding, prevailing wages are in the future but not necessary be right now that your employer has to pay you that salay. My attoney thought different way than I did and said that INS might think you are the current employee of your company, why can they pay you that salay right now as they promise you that they will be in the future.

Anyway, my FP is scheduled on 05/17 but I begin worrying about getting REF for paystubs.

Any one of you can answer my worry will be great.

So many thinks
 
Your attorney

is playing on safer side and trying to avoid unnecessary complication to your case. Your thinking is also right. As I said earlier, even though company\'s employement letter always mentions about giving you the promised salary upon 485 approval, often times INS suspect company\'s intentions. The question is how would INS know how much you\'re gettig right now? It\'s not mendatory to send out pay stubs with every 485 application. But if I were you, I would do whatever lawyer think is correct.
 
No Title

I really don\'t know why your attorney said that way. Why didn\'t you follow your attorney? I talked to different lawyers so far and they all said the same-promised salary. My case is that my company hired the attorney to do everything. So whatever the attorney thought was good for me, my company would take it. So when this attorney submitted my I-140, they didn\'t ask me about any salary things. Guess they have to take this responsibility to get me through. But I am still worrying about it.
J.
 
Wintech ,answer to your question...

your lawyer should mention in the RFE reply(If INS asks) that

Due to severe Economic conditions, my company has asked me to take a pay cut. As the economic condition improves, my company will restore the stated salary in the labor.

See if your company can give you a letter like that.

In fact your lawyer should be able to frame a good reply like this if INS asks.

If your lawyer is not willing then you can always take second opinion.
I think a good lawyer will frame a good reply. Talk to your lawyer & tell him about current bad economy.

Hope this helps.

Achiever
 
No Title

This is not true if I tell the immigration office that the company will restore my salary the same as when I filed my labour. Because when I filed my labour, my salary was also lower than I filed I-485. But my company will support my future salary for sure.
J.
 
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