Pls advise, thanks (I140 issue)

L

liwong628

Registered Users (C)
I have an approved LC and I am working in a big software company. However the wage specified in the LC (90k) is much higher than my current wage (about 15k difference).
Since the company is still not making profit, they said they would not willing to pay me 90k upon GC approval
(and this year we are having a salary freezing).
they are proposing to file a new LC and try to reduce the wage.
Of course that is very bad for me.

So I want to bargain with my boss to set up some compromise
in order to file I485/140 with my approved LC.
That is, I want my boss to give me a new offer which "convert" my benefits into my salary (for example, medical insurance.
The company pays me that money and shows in my pay stubs )
and I purchase my medical insurance.
My question is:

a) Is this legal? The immigration law only requires employer to
pay the specified wage, but no one says how the employee
shld use his money. And, how will BCIS know there is such a problem if my pay stubs can show I am earning 90k/year?

Does anyone have similar experience?

b) If I do so, how about the chance to get the I140/I485 approved? Pls note the company is very big but still can not make profit now.

Thanks to all!
 
I think thats a good way out. You are correct, your salary is what matters. Not the benefits. Besides, that fact thatcompany makes no profit should not affect your green card at all.
 
I-140 Issue

EB2 - Concurrent
ND : Dec 2002
RFE : Nov 2003
RFE : Replied yesterday

I recently had an RFE demanding company financials. My company had gone thru' losses and also had salary cuts since my LC got approved. I never knew my 140 or 485 would be affected as my companys' lawyer said the salary issue comes in picture after 485 or green card as the application is for future job.

However, the weird thing is, one more of my colleague's filing was started along with me and we both have the same salary ( I know that for sure as he is a very close friend of mine and we've been together for a long time now). And his application got approved just last month... moreover his was a labor substitution case and had diff credentials then to the person by whose name the LC was initially filed. Mine is not a labor substitution.

Now the question is ... if my 140 petition is declined on what basis would it be declined as my colleague worked for the same company for the same duration of time ... all the way including our hiring.

Rhino.
 
RhinoHere...any progress?

Your situation has been repeated for one of my colleague. We both were sponsored for future GC. His I140 was declined based on company financials issue. Mine will be taken up for processing next month. I wonder if my case slips through and gets approved similar to your colleagues case.

Did you retry opening the case or refiling I140. How was the RFE addressed? I think it all matters.....
 
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