Pay reduction and any issues

R

registrationid

Registered Users (C)
Hello,
My employer has reduced my pay citing tough conditions. Will this cause a problem with the 140 approval, application?
Will it cause a problem if there is a RFE?
When does a reduction in pay with respect to the one mentioned in the application, really cause issues? BTW, the pay mentioned in the 140 is higher than the one mentioned in the labor certification.
Thanks,
 
I dont think that this would be an issue(pay reduction), as long as it is much less than specified in I140. The only thing that you need to probably worry is that the Company's ability to Pay - RFE incase if your pay is too high and that INS suspects to see if your company really has the ability to pay at the time your GC gets approved.

It also puts you into risk if your W2 is too low than the one specified in your labor petition.

But most of the time it shouldnt be an issue.

Want GC Soon
 
registrationid said:
Hello,
My employer has reduced my pay citing tough conditions. Will this cause a problem with the 140 approval, application?
Will it cause a problem if there is a RFE?
When does a reduction in pay with respect to the one mentioned in the application, really cause issues? BTW, the pay mentioned in the 140 is higher than the one mentioned in the labor certification.
Thanks,
Click to expand...
Find out the difference in the pay between the one on your labor and your actual. As long as it is not too much (within 95% of labor pay), it should not cause any issue. If is too much like 30% around, prepare for a good explanation of how and why. You may get an RFE for the employers ability to pay.
 
Thanks for the replies.
The difference between the pay on 140 and labor petition is +40% (got a promo and rate increased).
The difference between the pay on 140 and current is -40% (reduced since project changed and client reduced rate and have to bear the burden).
Will this cause any problems?
 
registrationid said:
Thanks for the replies.
The difference between the pay on 140 and labor petition is +40% (got a promo and rate increased).
The difference between the pay on 140 and current is -40% (reduced since project changed and client reduced rate and have to bear the burden).
Will this cause any problems?
Click to expand...

I am lost with your percentages man ..
So if labor wage is X your 140 wage is 1.4X (+40%)
And you actual wage is 0.84X (-40% of 140)

So your actual wage is 16% less than labor. Is that right???? This is not that bad. I have heard people with 30% less also getting approved. But be prepared for a RFE and a RFE response showing documents of why the pay is reduced now and how it will increase in the future (i.e. your future GC job) and company's ability to pay.
 
dazzzling,
u r right about the pay reduction. the present pay (as in actual amount in paycheck) is slightly lower than the pay while labor was applied. however, i get travel reimbursement that increases the 'compensation' amount. Does USCIS look at the travel component of the compensation as a pay?
Also, in the 140 petition the lawyer put a fixed amount 1.4 X where X is the actual pay (gross pay in w-2) while I was in labor(ing) :-) certification.
However in the labor certification the amount was specified as a range A to Z...Putting a range is good as it protects from pay variances. However the absolute amount in 140 petition is worrying me.

To recap.
When labor was filed:
Gross Pay amount : 100
Amount specified in Labor certification: 90 to 150

When 140 was filed:
Gross Pay amount : 140
Amount specified in the 140 petition: 140

Now Gross Pay amount : 85
Travel reimbursement: 30
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
guys ..

In my case ...

on labor : 120k
on 140 : 90k

but in yr 2003 my total W2 was just 48k ( dont ask ..had a rough year)..
But had no issues with my 140 getting cleared.

Hope this helps ..
NVC
 
Hi USR850

Clarification:

On Labor 120 K /yr ( when Labor was applied I WAS making that much and my Paystubs reflected that ).

When 140 was applied I was making 90K/yr .

My ND was 08/2003 for 140/485 and in the year 2003 I only made 48 K .

But I never received any RFE regarding W2 /Paystubs/or company financials.
The only RFE I received on 140 was education evaluation. Replied to it and got my 140 approved.

Company is very small ( I think 3 or 4 employees).

NVC
 
NVC,
Even though you were actually making an amount X, what is important is the amount put on the labor certification, I140 petition and its relation to the actual amount one makes.
 
I don't know whether there is mention of salary in I140 App ?? fell free to correc tme if i am worng .I think the salary mentioned in labour is important . while applying for I140 the company will send an employement letter mentioning salary

so if above is true then folks should be concerned about the salary in labour ( if it all you need to be concerned with) . Most cases salary is not an issue.
 
hmd,
The pay is mentioned in 140 petition and I think it is in the 2nd page of the petition. My attorney admitted that it was a mistake to put an absolute amount in the 140 petition when the labor certification was for a range. Always, Always put a range in the labor and 140 as the future pay might be different from an absolute / single number. This could lead to trouble and questions if a RFE is generated.
The attorney is thinking of doing an amendment. Do not know if doing an amendment means inviting trouble / RFE. However I am so fed up with these people. We pay big dollars out of my pocket to these company attorneys (wonderful company does not want to pay) and if questioned, these folks act as if they r doing a big favor....
 
thanks for clarifying that . i didn't fillout my I140 . don't worry about amendment if the lawyer goes for it. Even if they issue RFE it would be for your W2 and company ability to pay.

My company always puts absolute no for salary and we didn't have any problem
same with previous company, 12000 employess nationwide (US) no issues.
 
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