Please help: 140 can be approved/denied.

[baby_mde]

My employer is paying as promised in the LCA of H1B, i.e 48,000 per year. In labor certificate of the GC it is 70,000 per year.

When we apply for I-140 with pay stubs that show 48000 per year, will USCIS deny my 140.

Please help

 

[ASHTON KUTCHER]

Salary

Your employer does not need to start paying you what is mentioned on LC until you get your GC, what you got which 48,000 is fine up until you rec your GC , so you are fine at this moment.

Ash

 

[EricS]

Your employer does not need to start paying you what is mentioned on LC until you get your GC, what you got which 48,000 is fine up until you rec your GC , so you are fine at this moment.

Ash

With due respect, I disagree with above statement in its present form. If you are currently getting 48K and GC proferred wage is 70K, you are ok ONLY IF employer can show the ability to pay the rest of the wage. The ability to pay need to exist from LC filing date. The actual pay may not start untill you get your GC.

 

[baby_mde]

My employer applied LC for GC in Sept 2004. Assume LC for GC approved in 2006 and I apply I-140 with my w2s and 2004 & 2005 tax returns employers tax returns showing $22,000 profits. Then the 140 shall be approved?

Could you please tell me more in details.

 

[EricS]

My employer applied LC for GC in Sept 2004. Assume LC for GC approved in 2006 and I apply I-140 with my w2s and 2004 & 2005 tax returns employers tax returns showing $22,000 profits. Then the 140 shall be approved?

Could you please tell me more in details.

Yes, if employer profit covers the difference in your actual salary and LC proferred wage from the LC filing date, your 140 should not have any problem regarding ability to pay. For more details please read 'Ability to pay' thread by UnitedNations. Following is the link:
http://www.immigrationportal.com/showthread.php?t=137088

If you still have any questions feel free to post here or in that thread.