question about past W2s

[bade_babuji]

Hi Guys,

I have been with my employer for the last 2.5 years right from the time the GC was filed. I am still with the same employer. Last year I took a break for 7 months (don't ask me why) so the W2 for last year shows only $40,000 from my employer. From this year on my paystubs have resumed. The salary on the Labor Certification was $100,000.

The year before that my W2 shows $67,000. And the year before that it shows $100,000. This year I am being paid at $8000 p.m.

How will all this work out if I get an RFE for past W2s ?

BB.

 

[life_on_hold]

Originally posted by bade_babuji
Hi Guys,

I have been with my employer for the last 2.5 years right from the time the GC was filed. I am still with the same employer. Last year I took a break for 7 months (don't ask me why) so the W2 for last year shows only $40,000 from my employer. From this year on my paystubs have resumed. The salary on the Labor Certification was $100,000.

The year before that my W2 shows $67,000. And the year before that it shows $100,000. This year I am being paid at $8000 p.m.

How will all this work out if I get an RFE for past W2s ?

BB.

The "unpaid vacation" ploy should work. Also, the "bad economy".

Your salary in the labor certification is 100,000 ? Man ....
Isn't that little too exorbitant ? Where did your attorney have his head while preparing your case ? Ofcourse things were different 3 years ago and that too in the valley. So, there might have been some justification for your attorney to put that figure in labour.

There were and are many cases very similar to yours which got approvals and will get approval so, hope yours will be approved too. Provided, they prepare the RFE documentation well.

 

[ganeshsawant]

I have same salary problem...

friends,

I have very similar problem about my salary..My salary also on labor certification stated 100K...but our company slashed salaries so hard. I am in consulting and on project continuously and with the same company but salary is reduced to 75K...Offcourse we all know its all economy...If client is not paying good rate how would we get good salary plus companies looks for the excuses anyways even if they get good rates...Hope the AOS person understands these issues but I don't think so...

Bade_b atleast u are pretty close to what u have put in labor..I am too far down...

I am sure there will be a RFE...I will be on project for next 6 months...but my salary will not change..So what would be the better way to show salary near to I have put in labor....I have 15 days of paid vacation I can encash...I am thinking about using that to bump up the salary to show the paystub when RFE is issued...

Your inputs appreciated...


Ganesh

 

[bade_babuji]

But

If they look at my old W2 wont they ask me what were you doing ? Whys your sal so less in prev 2 yrs ?

What exactly do they want to see in the W2s - how much you've been earning or who you've been working for or both ?

 

[lsamp]

is higher wage a problem?

I have a situation where labor states 66K and I am making atleast 20K more. Moreover, my labor was approved Aug 1998 and my subsequent work experience has helped me get a better salary too. Will this pose a problem?

 

[gc_hopefully]

lsamp
I don't think so because INS should understand that experience made you more valuable . I am on the same boat like you.
I am pretty confident they will understand.
It's because of their inefficiency and slow processing is the reason that our salary changed.
If they processed our GC in on time it wouldn't happen...let's not get into it but we are going to be fine.

 

[stain]

Guys, it does not matter how different your salary from what stated in LC. It can be more, or it can be less.
You gonna be OK as long as your current salary is higher than the PREVAILING WAGE for your industry and state.
(For Software/California this figure was about 80K a year ago, it may have changed since that time)

So, if you send RFE response with reduced salary, ask your lawyer to attach prevailing wage data too.

 

[BitterMan]

It is better to avoid major deviations of salary from what is stated in the Labor Certification... in the ideal world . As we are living in the real world , a good lawyer can argue salary difference and it won't be a problem.

At least, I have asked my lawyer what is he going to do about my salary being way beyond the LC salary (and we are talking about twice the amount). And he said that generally, a higher salary does not pose a problem, but if it will, he knows what to do. Nothing to worry about until they start asking questions.

Not that I believe my lawyer 100% or trust him 100%, but I prefer to do my own homework, so I can make informed decisions and ask intelligent questions.

 

[Soumy]

As far as I know and I know a few guys who got their GCs old W2s dont matter as far as salary goes. That is to check that you were with the same employer throughout the GC process. If your current salary is close to the LC and /or your current EVL is = LC you will be fine . So relax on that count

 

[rgk]

Probably higher salary would have no impact as long as your job description is same as Labor.I got RFE in Oct,02 for EVL,W2,1040 and got Approved in Nov,02. My EVL salary was 33% higer and W2 wage was 46% higher than Labor.

 

[140_takes_4ever]

I don't know what some of you guys are smoking when you say "Salary under stated labor can be explained". We have confirmed proof that all the IIO is interested in is LC stated salary! Just go back a couple of days and you will a great post of someone who went for an interview and had a gap of a couple of thousand dollars. He was sent back to get a letter from his company stating that they are paying him the LC salary.

It doesn't matter diddly squat what the prevalant wage is in CA or wherever, if your lawyer put in X amount of money in labor, then you BETTER be making X, offcourse X has to meet requisite standards or you wouldn't have gotten Labor approved in the first place. REMEMBER the entire concept of labor is to make sure that the job pays the average or higher than base salary for that position.

With regards to making more money, BitterMan's lawyer is correct in saying it can be explained. INS doesn't care if you make more as long as you make enough. This is to prevent exploitation of H1 workers and keep hiring Americans competent with H1. If the company feels you are worth more, then more power to you.

STAIN,

80K you are joking right? Last year Sillicon Valley had an unemployment rate that was in double digits for hi-tech companies. Where did you get your figures from? The Prevailing wages for software engineer was around 55K in 2001, and has remained constant till today! Offcourse no labor certificates have been approved after May 2001 so we have no official confirmation of what constitutes acceptable wages. But that was the last confirmed news.

bade_babuji, ganeshsawant,

You have enough time till your RFE's to work on your cases. either convert holidays in cash and show it as a part of salary, or get your companies to agree to give a letter promising to pay the LC amount on GC approval. OR find a new job that pays as much. Because I guarantee it is going to cause you a huge problem later on! Regardless, if the difference is a few thousand dollars or a hell of a lot more.

 

[bade_babuji]

Originally posted by 140_takes_4ever

You have enough time till your RFE's to work on your cases. either convert holidays in cash and show it as a part of salary, or get your companies to agree to give a letter promising to pay the LC amount on GC approval. OR find a new job that pays as much. Because I guarantee it is going to cause you a huge problem later on! Regardless, if the difference is a few thousand dollars or a hell of a lot more.

Getting a lettter for future salary is not a problem. Current salary is also at LC level. But showing that much for previous years is. Will that matter ? There is little I can do about it anyway since its in the past.

BTW, Thaks for your replies all you guys. This forrum is a source of solace in the dark, blind world of INS or BISC or BICS or whatever they call themselves these days.

 

[140_takes_4ever]

bade_babuji,

Past years has no semblence on the case! Your lawyer can easily fight it out! GC is for future employment. You only need to make the money stated on labor at the time of RFE (because the IIO is so stupid) and have a letter from your company saying they will pay you the lc salary after you receive your approval.

So looks like you are in the clear Congratulations!

 

[ghost-rider]

Less salary is definately will give and excuse for IIOs to deny the case but more i doubt about it. I was on H1 and my salary was nearly 80% more of my LCA but my 140 got approved with an issue. Now after using AC21 its around 20% more and i disscussed it with varous lawyers and evry one agreed more wo't cause problem less might depending upon if IIO .

 

[lsamp]

salary and ac 21



My Question:
is there any range that the salary offered should fall under (as mentioned in the labor)? If yes, could you please let me know what range I should watch out for while discussing with HR of a prospective employer.

My Lawyer's response:
These are still pretty open questions because there is just the vague directive in the law ("similar employment") and no regulations.
Since the underlying approval requires a salary of $66,888 annually upon your immigration, the closer you can get to that the better.

 

[stain]

Re: salary and ac 21

Originally posted by lsamp
Since the underlying approval requires a salary of $66,888 annually upon your immigration, the closer you can get to that the better.

That's right! I told you Guys I know more of immigration than lwayers do. I think this figure might be a current prevailing wage.

 

[140_takes_4ever]

*sigh* Stain 66K IS NOT the current prevailing wage. It is more like 10 K less! Don't spread this 66K arbit number around, it will scare people who make less!

Regardless, it is not the prevaling wage that matters but the amount stated on the LC. IIO's are blind to everything else. It is NOT their job to check on prevailing wage, it is Labor departments job. If you have an approved labor then you don't need to worry about anything except making the LC salary!

 

[stain]

140_takes_4ever,

LC is based on prevailing wage too. If your salary got lower your LC is still valid as long as it remains highier than the prevailing wage.

And for California it's true, it's not less than 66K. Check with your lawyer!

 

[bade_babuji]

Originally posted by stain


If your salary got lower your LC is still valid as long as it remains highier than the prevailing wage.

Stain,
Whats the source of this remark. Its very important to my case.
Thx.

--------------------

Why are astronomers searching for black holes out there in the universe when we have one right here - BCIS.

 

[stain]

Although there is no official regulation on that, but that's how my lawyer understands the situation.

Another indirect confirmation may be a very low number of denied cases. During the economy downturn and massive lay-off time many people accepted salary cuts either while working for same sponsor companies or by moving to another companies using AC21 rules. But the fact is that an EB 485 denial is rather an exception than a rule.