Salary decrease and RFE Issued

[bhartiya_12]

My 485 was filed in DEC 2001 and an RFE was issued last week requesting for paystubs for 2 months. My salary when the labor was filed was higher than what it is now but I did not change any employer and have remained in the same company all through my GC process. The nature of job hs remained same all through.

I am sending my paystubs for the past 2 months to BCIS.

Will my reduced salary be a issue in GC approval?

Thanks

 

[Dec13]

I think some people are approved even though salary is reduced. Search in this forum.

Goog Luck

---

 

[AnotherGCApplic]

nothing to worry about

I have heard of people getting as much as 25% less salary when RFE was issued, but still got approved.

good luck

 

[bhartiya_12]

Is decrease in salary due to market conditions a valid ground for denial of GC approval?

 

[INSfiles]

and on

top of that there was an rfe yesterday which suggested not being employed maybe ok..so a reduction in salary will be totally acceptable to BCIS

 

[sgi]

employment verification letter (EVL)

since your post does not state about BCIS requesting for an EVL, assuming that it is not required, however it might be good to get such a letter form your employer which could indicate that in future they will pay the salary as indicated in LC, as GC is for a future job. Just outlining the options I know of.

Need to add here, this is just my opinion, your lawyer will be able to guide you better on this issue.

Also, please let this forum know about what you did as this may help others.

sgi

 

[abhi123]

bhartiya_12,

Since GC is for future jib, you are absolutely fine. Howeven, we never know how BCIS is going to interpret it.

It will be very helpful to all of us if you let us know how this is going and what BCIS decides on this.
Thx,

 

[not_there_yet]

Don't Worry

bhartiya_12,
Just reply to the RFE with paystubs and letter from the employer...you don't need to state the salary for future or anything...once they receive your response it will be approved in 2-3 weeks...

Just for sake of it so that you can feel comfortable, my case was AC21 (changed employer after 9 months) had to take 20% cut. Replied RFE with current employers employment verification letter and paystubs. Guess what case got approved. (8 days after BCIS rec'd RFE response)

Just relax and plan for the big day...
Good Luck

 

[phaedrus_1]

Salary Decrease in NOT an issue

My case was approved recently (May 1) after an RFE.
My salary was 30% less than what was filed in labor.

I changed employer as well.

Reply RFE with all what they asked for - make sure job description in employment letter is same as one on labor.

RFE is good sign... they would approved your case in couple of weeks after receiving your reply.

 

[vijayrc]

Salary Reduction shouldn't be a problem I guess in this soft economy.
Check the site on such issues...People in your boat have got approved..
Good Luck

 

[Kumars68]

There wouldn't be any problem BCIS approving if the salary in employment verification letter is greater than or equal to the prevailing wages for Labor OCC in the region stated in labor.

Look into your Labor certification data for prevailing wages.

 

[bhartiya_12]

I have not been asked for new employment letter at all. Only paystubs for past 2 months.

Thanks

 

[VAISHNAVI]

Reply with requested info

I would say just reply with exactly what they ask for, nothing more and nothing less. If they feel the less salary is an issue then they are going to enquire. Its not that they will take a decision and would be the final. My company' legal dept said the same to me. Ofcourse my sal was not less but I had changed the company.
The bottom line is not to worry too much about the salary figure. Just reply with what they ask for and your case will be approved in ten days time

thanks
Raj
my remarks has no legal sanctity.

 

[sept13]

bhartiya_12, Just to make you feel better

My friend's case got approved at VSC this week and his salary
is approx. 20% less and it is an AC21 case.He was laid off after
filing 485 and found another job after 4 months. RFE was for
EVL and 2 months pay stubs.

Good Luck
Sept13

 

[DelhiCP]

No Problems

Salary Differential is NOT a problem (but it also depends on the officer who is reviewing your case). If an officer wants to be a pest...he/she can always do that !!

My 485 got approved recently and there is about a 10K differential in my salary, and when my 485 application was filed, my employment letter at that time showed a difference of 20K. Still I got approved....so you will probably not have a problem !

All the best !