RFE wage issue please help

[prasa]

I changed employer after 180 days. I am getting 10% less pay with new company having simillar job title and job duties. I got an RFE asking employement letter, paystubs 2 months, w2 for 2 years.

My attorney wants to get emploment letter with wage mentioned in labor and I-140. The people in new company are co-operative and might give a letter unless they don't have any problems in future. When I ask my lawyer he says:

1) Signing papers is not required to pay that salary?
A: Not required to pay. but it is a promise to pay that when you get your green card.

2) Is that a problem in future if they sign the papers even though not paying that amount.
A: Yes and no. If you continue with them when you get your gc, they are supposed to pay that rate of wage in your 140. But if you change your job again, it is not an issue at all.

3) With the RFE we have to include pay-stubs for the last two months, they were showing less salary What about this ?.
A: That is fine.

I don't want to change the company after my GC approval.

And new company can't pay high amount because this is a small company.

So what should I do ...? showing less pay is an issue? what are other options I should consider? please give your inputs, I will appreciate your help.

 

[prasa]

My attorney will answer to the questions what I have. So, I have to come up with different ideas to impose on him. At this tense moment my thoughts will be cheaper than my kid.

Thanks to Khanna. Senior guys, your suggestions please...? Thanks.

 

[tammy2]

Your company can provide the letter with same amount in the Labor. Even if issue comes it will come at the time citizenship or GC renewal. That too you need to show only W2. If it is within the range 10 to 15% you can always defend with argument that you took some unpaid vacation or some thing like that.

 

[rajum]

Prasa,
This is my 2 cents.

Either way, I don't see much problem but one thing I can say your attorney is wrong in insisting on the same salary as the labor.
AC 21 talks of same or similar occupation. As long as you are in the same or similar position and your salary is above the prevailing wages, you should not have any problem.

If I were your attorney, I would have prefered the letter with 10% less salary as that would be equal to the current pay you are getting. This also means that INS need not really worry about the financial strength of your new company since they are already paying that salary.

In case you have gone with employment offer with labor salary, then I got one advise for you.
What you do in that case is that once you get Green card, you ask your employer to skip 1 payslip and adjust that amount for the next 10 paystubs with the raised salary.



Wish you all the best,

regards,
rajum

 

[mariosegal]

Wages

I had same situation, our lawyer was nervous about it but he felt that if need be he could justify the difference given economic climate. In my case reviews and raises where around the corner se we waited a few weeks and the issue dissapeared since my new salary was above the I-140

Your company is required to pay you that wage once the GC is approved and can't do it for a few weeks only. However my ;awyer said that if after paying that salary for a while they adjusted salaries down for employees (as part of a general process) then that would be o.k.

Good luck

 

[prasa]

Thanks for your input. I will ask my new company do something. I don't think INS would see 10% raise is burden to the company.