RFE Issue - Please help!!!

G

glenmd

Registered Users (C)
Hi Gurus,

Right now, there is salary difference from LC (Project salary ) and what i am getting. There

is difference of around 15% from lc salary.

Right now INS have issued a RFE for a Employment verification Letter. They have asked the

following

1. Job duties
2. Remuneration.

I am working with the same company from last 5 years and now my company says that they

cannot give a Employment letter stating that they are going to pay the salary (mentioned in

LC) after GC. So they are saying that they can give what salary I am getting now(which is

less than LC salary).

Can you please answer my question.

1. If i show the salary what i am drawing will be a problem??


2. If by chance, my company agrees to give the letter with LC mentioned salary, will it be a

problem later???


I searched and searched on this site and found lot of threads on this topic. But i didnt

come to any conclusion.

Can you please help.

Thanks a lot for your help.
GlenMD
RD - 03/21/2003
ND - 04/10/2003
 
glenmd,
1) if your company is ready to give you employment letter with high salary, this is the best option. You don't get any trouble for this after gc.

2) I have seen lot of cases on this forum who got approved even after showing less salary than lc one.

Good points about your case is

!) You are still with same employer
2) Job duties are same.

So don't worry.

Best of luck.
 
INS knows that economy is in recession, so a 15% decrease in salary shouldn't be a problem. Atleast you HAVE a job.
 
hi gurus,

Thanks a lot for your advice. it has been really great help for me.

I really appreciate it.

Thanks
GlenMD
 
Even 25% salary difference hasn't affected

Quite a few posts about lower salary not impacting GC.
 
When was your RFE noticed issued and when did you receive it? Ours was isssued on Oct 1st but the lawyer didnt get the notice yet.

Thanks

RD-Jan 02
ND-Feb 03
 
when ??

Hi glenmd,

When was u'r RFE issued ? and what is u'r location ? cos i was issued RFE on Oct 2nd and lawyer has not yet received it. I guess RFE should be the same for me too.

RD :- 03/22/02
ND :- 04/10/02

thanks.
 
I am sorry for late reply,

I got Rfe notice to me on OCT 2nd and it was issued by INS on Sept 30th.

Now, my company is hesistating to give the letter with high salary(LC Salary). They are saying that they are going to show the present salary.(15% less than the LC salary).

My question, is that OK to reply to the RFE showing the Current remuneration.

Please provide me your inputs.

Thanks a lot for your help.

_GLENMD
 
Glenmd,
Please read the following link:
http://www.murthy.com/ukchange.html

Attorney Murthy suggests that one has to file AC 21 if the employer is not willing to give the employment letter for the salary mentioned in LC.
I thought this might be a valuable link for you. May be your attorney may not agree with this argument of Murthy.

Wish you all the best

-rajum
 
I am using AC21 rule too. My salary is less than what mentioned in the labor. When I asked my attorney he says law does not say any thing about the salary.
 
prasa,
Your case is different. You have changed the employer and the law does not talk of salary and you are fine.
But Glenmd case is different. He is with the same employer and not using AC 21. Since, his employer has given in writing to INS that he has got the job for the specified salary at the time of his I-140 and also at the time of filing of I-485 and now they are saying that they cannot offer the job for that salary and prior AC 21 days that means a NOID.

-rajum
 
Thanks a lot for your input.

But here, what my company is saying that, they are going to mention in the employment verification letter about my current salary what i am getting.

In that letter, they are not going to talk about the future salary.

As the RFE has mentioned to give the employment letter for job duties, title and remuneration.

So my company is just giving the job duties, title and comming to remuneration, they are giving my current salary. They are not mentioning about the future salary.

So is that OK to mention the current salary in the employment letter.

Please give your inputs, it is very important.

Thanks for your inputs.
GLENMD
 
That should be ok

We did the same thing. Current salary is 16% less than LC salary.

Originally posted by glenmd
Thanks a lot for your input.

But here, what my company is saying that, they are going to mention in the employment verification letter about my current salary what i am getting.

In that letter, they are not going to talk about the future salary.

As the RFE has mentioned to give the employment letter for job duties, title and remuneration.

So my company is just giving the job duties, title and comming to remuneration, they are giving my current salary. They are not mentioning about the future salary.

So is that OK to mention the current salary in the employment letter.

Please give your inputs, it is very important.

Thanks for your inputs.
GLENMD
Click to expand...
 
Glenmd,
I feel that legally in that case you are OK. Since this is future job and so you can receive less salary now. Still the assumption is that your current employer will stick to the salary level mentioned in the LC once your GC is approved. This leaves sufficient room for you to manipulate if you get any further RFE or NOID.
It all depends on your RFE letter and also depends on the wordings in your employment letter.

I advise you to go cautiously and not hurry up in replying rfe.

Vidongre case is also interesting and if he gets approved then you need not worry but it seems he fell in the second FP loop and you will never know why the delay is happening.


Wish you all the best.

rajum
 
Thanks Rajum for your reply.

But my rfe is as follows:-

" Submit an original letter on company letterhead from your prospective employer who filed form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed and remuneration."

so for this my company will give everthing, but the remuneration will be current salary.

Still i have to get the letter, so i right dont know how it will be.

Anyway, thanks again for your input.

GlenMD
 
glenmd,
I beleive that they are asking for future employment letter. My advice is contact your attorney and also take a second opinion.

-rajum
 
i am also asking one of the representatives of
Rajeev khanna, and they are going to give me some ideas.

I will keep you posted on things which are going to turn up.

Thanks a lot for your help.

-GLENMD
 
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