question on importance of W2 figures for 140/485

R

ram0987

Registered Users (C)
Hi all,
I am planning to use a pre-approved LC for my GC. My W2 figures for the past two years were quite low since i was working on a startup venture which has so far not got funded. However my H1 with them was on an hourly pay basis, and the amount I got paid on that hourly basis is fine --- so I am not out of status and was not unemployed.

I heard that for the 140/485, they check your past 2 or 3 years' W2. So they are going to see some riduculously low amounts (something like 25k a year). Do I have anything to worry about here, or it does not matter since - I have satisfied the terms of the H1 (which was based on an hourly employment)?

Thanks for your help.
Ram.
 
Money earned on Hourly basis...

I am not getting this. Are you saying that if the hourly rate that you are getting is calculated on a yearly basis, it is equal to or mor ethan H1 wages in labor condition application whereas your w2 shows only 25 K. This is a red flag my dear cause all money that you earn should figure on the W2 form barring some expenses paid to you which should not be a large part of what you earn.

I am sure I am missing something here. In any case, it will be tough for your compnay to show that they have ability to pay you after you get GC since the money shown on W2 is really counted as your pay. Better talk to a good lawyer before you jump in.

will_get_there
 
No, let me clarify .... say that given my work profile hourly wage requirement is $30 and say yearly wage requirement is $55k (based on a 40 hr week) - and to get an h1, its enough to have a 20 hr/week job. So, my annual salary becomes $30 X 20hr/week X 52 weeks. So I am getting paid as per my H1 and satisfy the hourly requirements, which is what my H1 is based on.
If this figure is less than $55k, would there be a problem??
 
pre-approved LC from which company?

was the pre-approved LC filed by the startup?

anyway - with the latest memo from Yates, the company that filed the LC needs to prove the ability to pay the salary it has the certification for, for the entire period starting from the date the LC was filed to the date your permanent residence is granted. Your salary (W2 wages) can be used (if you were employed by the same company) in the total to prove ability to pay:

like you say you were paid $25K. If the LC salary is $50K, the company's net taxable income needs to be >= $25K. Other ways to calculate is Net current assets - net current liabilities >= $25K.

See the thread: http://boards.immigrationportal.com/showthread.php?t=137088
for more details on ability to pay.

Also, my understanding is that you cannot apply for permanent residence if you are employed "part time". If your H1 LCA did not state "part time" and you got paid part time, there may be issues with that - you should check with an attorney if there are any. If you are no longer working for the startup, and are being paid regular wages by your current company, you should just hope they do not ask for your paystubs to establish that you were not out of status. Again, before my post gets you all concerned, please get feedback from other gurus and/or an attorney.
 
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