RFE - W2 shows lesser income made than Labor ???

gctakingtoolong

Registered Users (C)
I had been issued an RFE for employment letter and Tax returns for 2 years. My W2 shows lesser income than specified in the labor. Would there be any problem? Please share your thoughts.
Thanks
 
Don't think that would be a problem

GC is for the future employment.
I don't think the rfe is for the reason your salary being less on w2 as opposed to what is shown on labor. As you are sayng they have requested your pay stubs and employment letter.

I think they want to make sure that you are still employed with the same employer. The best thing is to give them what they ask and not unecessary provide additional information. IF they come back with the W2 issue then your company will have to write that they will be paying you the salary as mentioned in labor as you can only be paid that amount after you GC is approved.

I hiope this helps!
 
I have read too many posts in this article on this forum and i can assure you that lesser salary is absolutely not a problem for getting the GC approved. A lot of people are in the same boat
(including me).
 
Vikman: I think you are right. I dont think RFE was issued because salary was less either.
And I wasn't sure if they asked for the paystubs. Just the W2 returns and Employment letter.
 
GC is for the future employment.
TRUE

I think they want to make sure that you are still employed with the same employer.

Well , could be , but not necessarily. If he has invoked NOT AC21 portability , BCIS wants to make sure that he has job to support himself and be not financial burden.Meaning he will go back to his original employer who has sponsored GC once he gets it. In the meantime he is supporting himself (just taking an example) by means of a job.
 
Lawyer

says

- I had checked this with my attorney. According to her if you are working for a different employer it does not matter how much the difference is (lower or higher) as long as it is above the prevaling wages.

- With the same employer (who did the LC) it could be a problem as per her opinion. But with the downturn in economy, probably the immigration officers may even understand that.

Good Luck.
 
Top