Please Help.. Its urgent!!!!!!!!

A

ATG Dynamo

Registered Users (C)
When my Labor was filed, high salary was mentioned in that. Right now I have approved I-140 but my salary is 10000 less than that mentioned in labor. The lawyer is refusing to file I-485. Has anyone faced such a situation?? Any help is appreciated.
 
Sorry for the confusion

When my employer filed labor last year they mentioned that position will be given salary X. Now I am making X-10000 and my next raise is due in Nov. next year. So, the lawyer says that you will not be making X by the time your GC is approved. Hence the problem.
 
I think you have a problem

Even though technically the LC salary is for the job after the GC, if you are working with the same employer then INS expects you to be paid at least that salary even before the GC. Their stand is that since you are with the same employer and getting paid less now then what is the guarantee that the day your GC is approved your employer will suddenly increase it to that level. In fact they assume that your salary will not suddenly jump up.

Your lawyer is right, ask your employer to give you at least the LC salary. If you file 485 with the lower salary now then what will happen is that when INS opens your file they will send you an RFE regarding salary. If even then your salary is less than LC then they might cause problem for you.
 
No Title

sbk is right.
By the time INS approves in your 485 application, you should be making the same amount of salary mentioned in LC or there are some specific amounts for EB3 and EB2 categories.

So if your attorney or employer thinks that you will be reaching that amount of salary say in about one year (assuming that VSC will be approving 485 applications with in a year), they can go ahead and file 485 or they will let u wait until u reach that salary.
 
Thanks for your views.

That\'s where the problem lies. The employer refuses to give letter now. My GC is doomed.
 
Ric.. This is what they are doing now

Now they are asking the lawyer to file 485 without the letter and processing new labor and I-140 side-by side. By the time INS issues an RFE they will have a new labor. I have never heard of such a thing. Have you heard such case before.
 
Question??

Is it a possibility that after 180 days, I get a letter from some other company and get my GC??
 
Sorry to hear this news.

Hello ATG Dynamo and other friends,

    If you are on H1B, I think your salary must be atleast or above what is mentioned in the LCA for H1B. So why should INS have a problem since LC for GC is for a FUTURE job ?

   But filing without an employment letter is SCARY. I am not sure what will happen. What is the motive of the company not giving Empl Letter ?

   Also 180 days rule if I Understand it right, applies only after 485 is accepted and the you have received the I485 receipt.

   I am sure that there a LOT of VETERANS on this board and you will definitley get a GOOD answer. Also as I said elsewhere 2(or more) heads are always better than one.

Good Luck !!!!

Thanks
Ramesh D
[Details = EB2/RIR/INDIA/ PD 9-99/RD 9-00/ ND 10-00 / FP 01-01 / EAC-01-018, Response 2 RFE 4 Spouse sent to INS on Aug 28, \'01]
 
No Title

ATG Dynamo:

If your employer absolutely refuses to give the higher salary now then this is what you may do:

1. File with lower salary
2. wait for 180 days
3. change job to new employer with at least LC salary using AC21 sec 106(c)
 
No Title

As long as the salary mentioned in the employment offer letter to accompany the I-485 application is >= prevailing wage determined by the state you filed your labor certification, then you should be fine.

Get the letter, file the I-485, wait for 180 days, then you are a free man.

This is not legal advice. Just my two cents worth. In any case, consult a capable attorney.

Preacher
 
You can file without employment letter...

My I-485 was filed without an employment letter, because my lawyer said it\'s not necessary. The I-485 was NOT rejected but now (10 month later) an RFE was issued and I guess that is for the missing employment letter. (I haven\'t received the letter yet, and now my salary has been cut by 50%...aaarrrrgggg....).

It\'s a bit risky but it could work: if you file your I-485 now and could get yourself a new employer who pays you the higher salary, than by the time you\'ll get an RFE you can send them the employment letter from the new employer. You should have a least 6 month to find a new employer.

It\'s unbelievable how many bad companies are out there...
 
No Title

You can file I-485 now with a letter from the employer stating that you will be paid the salary in LC after you get the GC.
 
Applying for I-485 even with lower salary

Just wanted to share my experiences - the board was helpful while I made a decision.

My current salary is lower than the salary as per LC (by about 4%). My attorney said that he would apply for my I-485 but I must get the salary as per LC by the time the GC is done (he estimates about one year - VSC). So the application would be at my own risk (the company has given a letter saying that they will give me the LC salary upon approval of permanant residence). I obviously took that risk...
 
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