pls help for my 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!
 
Since GC is for a future job....ask your employer to support your I-140/I-485 documentation to mention that they will pay you the wages specified in the approved LC after the GC is approved.

I guess, this should be okay. Differences in the pay (current pay Vs prevailing wage on the LC) is pretty common these days. As long as your employer supports the above condition, you should be okay.

Check with an attorney too.....

Good Luck
 
Thanks!

The lawyer is hired by the company and not respond directly to
individuals for any "sensitive" questions. It is exactly the lawyer's
fault to raise the wage in LC to 90k.

Thank you again!
 
anonymous is right....
Even upto 35-40% salary differential are getting approved... I have personally witnessed such cases of my friends....
 
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