from 10/21 murthy chat
Hi guruashok,
Look at the following issues. I went thru them and felt they are kind of contradictory. These chat questions and answers are from murthy chat 10/21. My pay on LC is 58K and my actual salary is 75K, I don't know how my employer or attorney will handle this if an RFE is raised. My attorney has filed my W2K along with the 485 application also my employer has submitted an employment letter which clearly states that they would emplo me indefinitely(?? atleast in letter) and this letter is also submitted along with I-485.
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Chat User : What happens if one has been unable to maintain the salary on LC after the GC is approved? (LC salary was 90K and now getting 80K).
Attorney Murthy : The employer has to have a good-faith intention to offer the job, under the terms described in the LC, after the GC approval. If even after the approval, the 90K salary is still not paid, that is something that may be considered by INS, but the main issue is whether the person is working for them. It is not exactly clear under the law how this would be dealt with, however.
Chat User : Hi, Ms. Murthy. Great service. Is there a problem if the actual salary is above that on the LC by more than 15%?
Attorney Murthy : Usually, it should matter if the person joined a new employer. If it is the same sponsoring employer, there could be a concern that the job that was advertised was different than the one you may be holding and that job with the higher salary was not offered and advertised, as required by law. So, although it may not matter with a new employer, it could pose a problem if it is the same employer since it may also be considered as a new job opportunity not advertised to U.S. workers.
Chat User : I got promoted while the LC was pending at SESA. What effect might this have on the LC and what should be done to accommodate this change? Thank you very much.
Attorney Murthy : If the job is quite different from the original job, then a person is required to start a new LC process since the LC / GC is based on a future job offer. If the person is willing to go back to the original job AFTER getting the GC, then that is a different issue and the process may continue.
***The following are by searching the Murthy chat for LC and salary
Chat User : My labor application for green card recently got state approval. Afterwards, I had a pay cut. How does this affect my labor application?
Attorney Murthy : Neither the INS nor the Department of Labor particularly cares about the present salary of the person, except that it may show that the sponsoring employer is not financially viable, which could pose a problem. Generally, the INS cares more about the employer continuing to offer a full-time, permanent position to the person with the salary mentioned on the LC at the time the person obtains the GC.
Chat User : Will doubling the salary of an approved LCA pose any problem at the time of I-485 approval? Thanks, Sheelaji.
Attorney Murthy : It could, depending on which employer one is working for at the time of I-485 approval. If it is the same sponsoring employer, it may make one wonder why they did not advertise that salary. On the other hand, if it is a different employer under AC21 portability law, then it may not pose a problem. Also, I assume you mean LC for the green card and not the H1B LCA salary, since many people mix up the 2 terms.
Chat User : After 3 years of LC, would a salary that's 40% higher than what's in LC be a problem in 485 interview, even though job duties are the same?
Attorney Murthy : Should not pose a problem if the increase is explained as performance based bonuses or salary increases. Should be established that the same job duties are being performed.
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