Pending 485 can go for less salary

H

honeyhappy

Registered Users (C)
Hi folks my I 485 is pending from one year and due to financial condition current employer is unable to give the salary mentioned in 485 form. I have another employer but offering less salary. I understand mostly RFE is issued for the empolyment verification. Is it a problem to go on less salarY? cateogry is EB1. Any suggestion is appereciated?
Honeyhappy
 
Since GC is for future job, as long as you stick on to your original employer under H1/J1/L1 etc, and recieve the salary mentioned in the Labor application while the visa petition is applied, your are fine.
You need not recieve the higher salary mentioned in the GC petition until your GC is approved.
But in case if you use AC21, you are abiding to the salary and job requirement that is mentioned for GC. Since yours is EB1, you should look at I-140 application.

The opinion on this will vary from person to person. With all the difficulties I have, I am sticking to my original employer. The attorney was mentioning that I should not start working on EAD and the attorney is recommending my employer to apply for the 7th year H1 extension.
I hope I have not confused anybody here.
 
peace_of_mind Thanks.
In my case the new employer and current one both are offering reduced salary than was mentioned in 485 application? so If I stick to current empolyer with less salary that will be better? I dont have any option? Is there any other suggestion which I may try in such circumstances to avoid a mess for 485?




----------------------------------------------------------------------------------
Hi folks my I 485 is pending from one year and due to financial condition current employer is unable to give the salary mentioned in 485 form. I have another employer but offering less salary. I understand mostly RFE is issued for the empolyment verification. Is it a problem to go on less salarY? cateogry is EB1. Any suggestion is appereciated?
-------------------------------------------------------------------------------------
 
Originally posted by honeyhappy
Hi folks my I 485 is pending from one year and due to financial condition current employer is unable to give the salary mentioned in 485 form. I have another employer but offering less salary. I understand mostly RFE is issued for the empolyment verification. Is it a problem to go on less salarY? cateogry is EB1. Any suggestion is appereciated?
Honeyhappy
Click to expand...

Post more details like the category under EB1, RD, FP, whether you are currently working under H1 or EAD, etc.
 
I did not go through labor certification


------------------------------------------------------------------------------------
EB1 extraordinary ability, Not using EAD but using O1. FP done.
-----------------------------------------------------------------------------------
 
Originally posted by honeyhappy
I did not go through labor certification


------------------------------------------------------------------------------------
EB1 extraordinary ability, Not using EAD but using O1. FP done.
-----------------------------------------------------------------------------------
Click to expand...

I believe EB1 extraordinary ability is not strictly an employment based category. Although it is classified under employment-based immigration, it is not predicated upon the availability of a job. This is not necessarily so with other categories of EB1 like OR, transfer within a multinational organization, NIW, etc.

So, in my opinion, salary (or the presence of a job offer) is not relevant to your case. however, (I am not sure of this, but) sometimes salary level can be cited as evidence of extra-ordinary ability among other factors like publications, peer reviews etc. For example, a top bio-tech scientist may support his/her claim of extra-ordinary ability with evidence that his/her salary falls in the highest percentile for his/her profession. INS rules allow this as evidence of extra ordinary ability based on the premise that if a private entity like an Amgen is willing to pay a relatively high salary, chances are that the candidate is bringing uncommon levels of expertise to the firm. In this regard, the INS partially defers to the judgement of the private sector in assessing the level of the candidate's ability. If salary was used in your I-140 as a factor supporting your claim to extra-ordinary ability, it may very well be a factor in any potential RFE, if and when it is issued. If salary was not a factor in your I-140, it should not matter what your current salary is (or future salary will be) from the perspective of your pendnig I-485.

However, you have to be able to show that you continue to work in the field of expertise that formed the basis of your I-140. This can be in the form of recent publications, grant applications, reviews of papers and grants, awards/prizes from recognized organizations etc. You will also have to meet other requirements of AOS like having adequate income to support yourself and your family so as not to become a public charge. As long as these criteria are satisfied, the exact salary level is not a factor in determining your eligibility for adjusting your status.
 
Last edited by a moderator:
Originally posted by honeyhappy
Sankrityayan
Thanks. Honeyhappy
Click to expand...

There is no need to thank me. Whatever little information (I have to caution that it is certainly incomplete, if not untrue) I have provided has been recycled from various other posts on this forums (and other such forums elsewhere). The best thanks that you can offer would be to come back and post your experience in resolving this dilemma. It may help countless others in the future that are bound to come up against the same questions/situations.

Good-luck.
 
You must log in or register to reply here.
Top