RFE on Employment

GKM

New Member
Hi, My present salary is 10K less than my labor time salary. Also, as the corporation for which I am working is big, I survived two layoffs (I rejoined them in diffrent groups). My present position is diffrent, eventhough the job is same!
Now, I received RFE. It states as follows: "Submit a currently issued letter or other evidence from prospetive permanent employer that indicates your current position, if any, your profferd position, and proffered wage and indicating that the terms and conditions of employement petition continuew to exist".
My company HR replied me:
"Basically, we plan to respond by stating that xyz (my company) continues to offer the position to you, that the position pays $xx,000 base, that $xxK meets prevailing wage, and evidence of the actual prevailing wage determination will be submitted in support. Our hope is that the adjudicating officer will see confirmation of the job offer and salary, that it meets prevailing wage, and approve the case. If the officer has any issues about the response, it may be referred to the local INS office to set an personal interview at a much later date. We all agreed that we\'d be in a good position at an interview to assert any
 additional arguments and provide additional evidence to support the case, if that occurs.
The planned course of action is safe, and we can, in good faith, make a legitimate response to the RFE thus enabling your case to continue, and ensuring xyz (my company) is making accurate representations regarding the position and salary level."

XX,000 is 10K less than my labor-time salary.

DO I HAVE CHANCE OF DENIAL? What are my options here?
PLEASE respond. May be my message is long enough. Excuse me for that
- GKM
 
I485; RFE Present salary is 10K less than my Labor-time salary; How danger it is for denail on RFE?

Hi, My present salary is 10K less than my labor time salary. Also, as the corporation for which I am working is big, I survived two layoffs (I rejoined them in diffrent groups). My present position is diffrent, eventhough the job is same!
Now, I received RFE. It states as follows: "Submit a currently issued letter or other evidence from prospetive permanent employer that indicates your current position, if any, your profferd position, and proffered wage and indicating that the terms and conditions of employement petition continuew to exist".
My company HR replied me:
"Basically, we plan to respond by stating that xyz (my company) continues to offer the position to you, that the position pays $xx,000 base, that $xxK meets prevailing wage, and evidence of the actual prevailing wage determination will be submitted in support. Our hope is that the adjudicating officer will see confirmation of the job offer and salary, that it meets prevailing wage, and approve the case. If the officer has any issues about the response, it may be referred to the local INS office to set an personal interview at a much later date. We all agreed that we\'d be in a good position at an interview to assert any
 additional arguments and provide additional evidence to support the case, if that occurs.
The planned course of action is safe, and we can, in good faith, make a legitimate response to the RFE thus enabling your case to continue, and ensuring xyz (my company) is making accurate representations regarding the position and salary level."

XX,000 is 10K less than my labor-time salary.

DO I HAVE CHANCE OF DENIAL? What are my options here?
PLEASE respond. May be my message is long enough. Excuse me for that
- GKM
 
Same case as me. My attorney says everything thing should be fine as its more than prevailing wage.

 
 
There\'s always a chance of denial

As long sa the company is willing to state that it will pay and employ you in accordance with the LC when AOS is complete there shouldn\'t be any problems. AC21 may have changed some of this but without implementing regulations there is no way to say how it changed.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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