Questions. Please respond

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sameoldGC

New Member
Brief background regarding my immigration,
I am on H1b for a small consulting company (20 to 25 employees) in east coast. Currently this consulting company has filed for RIR LC from a state which is under Boston DOL. I am expecting to get LC certification in next few months. I am currently working for their client in west coast which falls under CSC. Here are my questions,
Where to file 140/485:
Can I file my 140/485 from CSC since I reside in its jurisdiction? Sponsoring company has no branch under CSC states(CA, AZ etc). The reason for doing this is to take an advantage of pilot program there since I fall under EB2 (MS + 1Yr) category.
Salary and 140 ability to pay question: Currently my salary is approx. 40% lower then what is mentioned in LC. The company hired immigration lawyer says that this can be taken as different position and hence should not have problem in getting 140 cleared. Is this possible with so much difference in salary?
 
Where to file 140/485:?
As far as i know, I don't think you can file with CSC as you got labor approved in Boston.

Salary will be a problematic thing, but it all depends on luck.. in 140 the sponsoring company will provide a letter stating your salary and their financials (in general).

Another clause i know is the salary specified in the labor for 485 processing is only for feature employment salary not current employment salary. so if that is the case then you should be able to get the 140 cleared.
 
sameoldGC said:
Brief background regarding my immigration,
I am on H1b for a small consulting company (20 to 25 employees) in east coast. Currently this consulting company has filed for RIR LC from a state which is under Boston DOL. I am expecting to get LC certification in next few months. I am currently working for their client in west coast which falls under CSC. Here are my questions,
Where to file 140/485:
Can I file my 140/485 from CSC since I reside in its jurisdiction? Sponsoring company has no branch under CSC states(CA, AZ etc). The reason for doing this is to take an advantage of pilot program there since I fall under EB2 (MS + 1Yr) category.
Salary and 140 ability to pay question: Currently my salary is approx. 40% lower then what is mentioned in LC. The company hired immigration lawyer says that this can be taken as different position and hence should not have problem in getting 140 cleared. Is this possible with so much difference in salary?
Click to expand...
True that the salary mentioned in LC is for a future job.
But, if you've been with the same employer for all this time (from H1.....) and have been making remarkably less than that ( and 40% is a HUGE diff ), it might trigger a closer inspection.

Your company's financials would be probed fairly deeply ( since its small ) -- they would have to be convinced that they are going to pay the said wages ...
Also the financial ability to pay such wages should be established from the priority date !

I would say be prepared ... your 140 will most likely trigger an RFE or two ....
you should probably get an attorney to discuss details.
 
I was in the same situation as yours. company in IL and working in CA. In my opinion - dont try to cut short your GC process by going behind all these pilot programs.

I think I140 is for the company and for its financial status and other accounting matters. You dont need to be worried about I140. If the company is pretty stable then 140 will come through without any problem. Above all I140 in CA is not even moving. So continue in Boston with I140.

Regarding 40% lower salary may trigger RFE in I485 - since this is for you. Its another 2years time. By that time you try to improve your salary to what you have mentioned in your LC.
 
sameoldGC said:
Brief background regarding my immigration,
Where to file 140/485:
Can I file my 140/485 from CSC since I reside in its jurisdiction? Sponsoring company has no branch under CSC states(CA, AZ etc). The reason for doing this is to take an advantage of pilot program there since I fall under EB2 (MS + 1Yr) category.
Click to expand...

Yes, you can. My labor was certified in NC and my lawyer filed I-140/I-485 in CSC because I live in California, and my I-485 is recently approved. Go ahead and file with CSC, not a problem.
 
It is kind of weird that your salary is 40% below the LC, considering the LC was filed for you and is not a substitue. While salary/LC is for post-approval situation, it does make sense to make as close to LC salary as possible for speedy approval. It seems like a possible RFE situation, and you might want to prepare for it by making sure your company is aware of the situation and will give you an appropriate EVL.

But I don't quite understand what your lawyer implies when he states that "this is for a different position? Does that mean that your LC Is for a different position than that you are currently working in?
 
for 140takes_forever

Thanks. yes It means "LC Is for a different position than the current position". Will this cause a big issue for 140 even if the company financials are stable (assets > prooffered wage from the PD)?
 
140_takes_4ever said:
It is kind of weird that your salary is 40% below the LC, considering the LC was filed for you and is not a substitue. While salary/LC is for post-approval situation, it does make sense to make as close to LC salary as possible for speedy approval. It seems like a possible RFE situation, and you might want to prepare for it by making sure your company is aware of the situation and will give you an appropriate EVL.

But I don't quite understand what your lawyer implies when he states that "this is for a different position? Does that mean that your LC Is for a different position than that you are currently working in?
Click to expand...
Yeah -- that was the same thing that struck me as well...

Also if the lawyer states that the position is different, then the issue of you trying to fill that other position would definitely come up during 140 processing.

Seems tricky...
 
sameoldGC said:
Thanks. yes It means "LC Is for a different position than the current position". Will this cause a big issue for 140 even if the company financials are stable (assets > prooffered wage from the PD)?
Click to expand...
Well if you think about it logically, it shouldn't cause you a problem in the 140 stage, GC after all is for future employment. Just that the situation gives off a fishy odor, which you might want to settle. Get your game plan in place because this calls for potential RFE's in all stages. You might have to soothe and allay INS fears for fraud along every step of the way. Not that it will happen, but it could because of the massive descripancy.
 
Rk4GC,
was your application EB2 or EB3.
i am in a similar situation as yours [ other than that u are approved ]
my labor is certified from Delaware[philly] , i reside in CA. my attorney filed
I140 and 485 to USCIS CA center on Oct 04, 2003 . i got EAD and FP done.

just waiting for CSC to approve the I140 [ csc is creeping slow these days on I140 front ].

~
crazion
 
crazion said:
Rk4GC,
was your application EB2 or EB3.
i am in a similar situation as yours [ other than that u are approved ]
my labor is certified from Delaware[philly] , i reside in CA. my attorney filed
I140 and 485 to USCIS CA center on Oct 04, 2003 . i got EAD and FP done.

just waiting for CSC to approve the I140 [ csc is creeping slow these days on I140 front ].

~
crazion
Click to expand...
cazion,

Mine is EB2. Good luck on your I-140 and I-485.
 
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