pending I485

cyngm25

Registered Users (C)
Hi there:

I was sent a notice to give further evidence like the last 6 paystubs I have. The problem is there is a slight discrepancy on my paystubs ... i actually make more now than the previous amount that my employer stated in the petition. It has almost been 3 years so my salary increased. Do you think that this might create a problem ..my lawyer seem to think so.

And also, I am now engaged to a US Citizen. Just in case my I485 get rejected :( :( , which I hope won't happen, can my fiance still sponsor me for permanent resident and will my working permit stay. My future husband is actually pissed off with the VSC now cause it is taking them so long and he just said that we should just get married and get it over with. :D :D

But I want to wait though, cause I don't want his family to think that I love him because of his " sixty-cents-ship" hehehehe =) ( citizenship, I mean.
 
I donot think your pay stubs should create any problem.When submitting my I485, my lawyer has enclosed my Tax Returns, which have almost double the salary than the one indicated in labor petition. My lawyer told me higher salary is not a problem but a lesser one. However my GC is still pending.
But one of my friends was in similar situation and he got his GC approved after interview. They just saw his tax returns/W2.
I think you need not worry but its worth to check with some other lawyer.

I donot have any idea/answer for your second question.
 
Following is the excerpt from the link below.

http://murthy.com/chat0106.html

As per this it looks like it may be okay.

Chat User : Can the current salary be more than that mentioned in the LC?

Attorney Murthy : Usually, this should not pose a problem for AC21 portability but without regulations, one cannot be 100% sure of anything with the INS changing its interpretations on a regular basis.

You may refer to these links also.

http://boards.immigration.com/showthread.php?s=&threadid=103283&highlight=waytoolong

http://boards.immigration.com/showthread.php?s=&threadid=101856&highlight=waytoolong

http://murthy.com/chat1030.html

http://murthy.com/chat1027.html

http://murthy.com/chat0421.html
 
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