Question on RFE..Urgent

P

parvatham

Registered Users (C)
My husband had received a RFE for EVL and pay stubs. He is a consultant and there is a difference of more than 5000$ in his current salary compared to the previous year's. My attorney feels that there is a potential of i-485 getting rejected in this scenario. How do we handle this situation? Is the i-485 deniable on these grounds? Please advice.
 
If its 5000/yr. you can always say that its bonus(if 5k/month, think about a good reason, may be overtime) . Bonus is not part of salary. It can vary from year to year. I dont think it should be a problem as long as the salary is higher than the salary mentioned in LC.
 
here is my understanding

As long as your yearly income/pay stub income is greater than or
equal to what is metioned on H1 LC....it will keep you in status.
That is what they check from W-2 and pay stubs.

The EVL which your employer is going to provide will assure
INS that the employer will pay the sal equal to or greater than
what is mentioned on your GC LC.
 
If there is a decline in the salary than the amount mentioned in LC. And the difference is 9000$, how to handle this?
 
Spoke to NSC

I spoke to NSC regarding the difference in salary. They said that as long as the income requirement mentioned in LC by the immigration laws are met, any hike or decline in salary is not an issue at all. And that is not being visualised as a problem for approval. Is this true?
 
parvatham, that is not true. Also, as per murthy, the folks at NSC know diddly coz they are not trained professionals, they are merely contractors.

At a 5K salary difference, I wouldn't be too worried. Also, what can you do about it .. damned near nothing, send in the RFE response, and take it easy.
 
In your RFE, it would help to send a letter from your husband's company stating that they will pay the LC figure on approval of the GC. This should suffice.
 
WAC-02-041-5XXXX. and ND is 11/16/01.

GCDreamz, Do you think that letter would be sufficient and not pose any more problems? Thanks for your timely suggestion.
 
GC is for future employment. So just a letter from the employer that they will pay the mentioned salary in LC upon approval is sufficient.
 
I work for a desi body shopper and none of them pay the LC figure - in many cases the difference is as much as $20000. However, several people have got approvals. The one thing that the lawyer made my company send with every application was a salary certificate, stating that the LC figure will be paid on approval of GC and stating the current salary as well. This works since GC is for future job and not current job.

Anyhow, please check with your lawyer as well, to see if the above will work.
 
Spoke to IIO

I spoke to an IIO officer as per NSC's instructions. He says as long as the company is not changed and the reduction in salary is not due to change in employer. Its not causing any problem. When I referred the same to my attorney, he wants me to wait till september and ask the employer to generate pay stubs mentioning the difference of 9000$!!! I feel this is ridiculous.

GCDreamz, As you stated right another attorney of mine feels the same of sending a letter, mentioning the salary to be given after GC's approval. Will update on the developments.

Thanks
 
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