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Desperate situation - RE/Employment Letter.. Gurus please respond..
Let me explain my situation. I have been working for a medium sized consulting company for the last 2 1/2 years. They started my green card process and got my labor done through the RI. I qualified for EB2 category and I got my I140 approved last February. After the I140 approval and just before we filed for I485, the company had to put me in bench for a period of 3 months. However, company had already filed the I485 just before I was put on bench and so around the time I resumed working I got my AD. I did not have many choices and so took up another job through the same company for a salary which is around 13% less than what they were paying me earlier. Though this job location is in a different state ( about 4 hours driving distance from where I was living earlier) I continued to maintain residence in the original place, and I continued to pay taxes in the original place.... and nowhere there is a mention of my employment at my new place. I got my FL done in March and got my RE in May 1st week. They have asked me for pay stubs of last 3 pay periods, W-2 for 2000 and a letter from employer about present/potential status and salary.
I appreciate your suggestions on how to work around the following:
First, my employer is refusing to give me a letter stating the salary mentioned in AC, as they are currently paying me 13% less than what was mentioned in C. However, the salary they are giving me now is the same as what was mentioned in my H1.
My last year\'s W-2 shows the total earnings which is only about 60% of salary mentioned in LC because I was on bench for some time.
My lawyer says that the employer might get penalized as they are paying me less than what is mentioned in LC and so is suggesting to the company that they modify the job description/experience so that my present salary is close to the prevailing wage for the new job description/experience. The lawyer also does not agree with me that the salary mentioned in LC is for the future job, and she contends that the employer has to pay me the salary mentioned in the LC as soon as I get my EAD!! Company pays for her, do you think it is wise for me to change the lawyer at this time?
Last but not least, my present assignment is also coming to an end in end of May and the consulting company has not been successful in finding anything so far. Added to all that my EAD is expiring first week of June, and since I applied for renewal only end of April I can get it only in end of June/July.
What options do I have now to cross my last hurdle....thanks for your patience in reading through all the small details!!!!
