Salary Dilemma

Y

yagcs

Registered Users (C)
Here's my dilemma. I applied for GC in 2001 through my company and the labor was approved with a base salary of $x,000pa.
Due to rate cuts my employer couldn't pay $x,000pa and could afford only$(x-y),000pa; Since I was worried about the I140 approval, I offered my employer to pay $y,000pa from my pocket. He agreed to it and has been paying $x,000pa
My I140 got approved after getting an RFE about company financials. Since I'm atleast one year away from I-485 approval , I don't want to continue to pay $y,000pa from my pocket (and lose taxes on that).

Is it a good idea to take the cut till the vicinity of my approval date and get only (x-y),000pa for now? I plan to start paying from my pocket and receive $x,000pa when the processing date nears my ND.

Experts please advise

What kind of RFE's do we get in the I485 stage?

Thanks,
yagcs
 
This is weird... it sounds to me that you've already lost 2y!!
How did you report this to the IRS?

If the labor was approved for X and the company is unable to pay you for X, you better leave this company. Find a new company that is willing to pay you X (with similar job description) using AC-21.

You don't want BCIS to consider your idea of paying your company (which I think is absurd to begin with) an immigration fraud!
 
Salary Difference is no longer a problem and I speak this from my personal experiences. The salary on my LCA was 10K more than what I am getting today, and yet I got my approval with no RFEs.

In the present economy, I am sure that BCIS realizes that you cannot still command the same balloon salaries you once were when IT was reigning supreme.

So dont worry, and stop paying the Y amount that you are. Its a waste of your money.....In any case I dont think its legal for your employer to accept money from you (including employer taxes) and paying the amount back to you. I mean loan payments are OK, but the option that you have for yourself here is not a good one IMHO.

All the best !
 
Originally posted by GC012002
This is weird... it sounds to me that you've already lost 2y!!
How did you report this to the IRS?

If the labor was approved for X and the company is unable to pay you for X, you better leave this company. Find a new company that is willing to pay you X (with similar job description) using AC-21.

You don't want BCIS to consider your idea of paying your company (which I think is absurd to begin with) an immigration fraud!
Click to expand...

Its not as bad as you sound it to be. If the difference is 10K, you lose 25% of it. or 2500 pa. Since the return on this 2500 investment is a GC the risk/reward ratio is pretty low.

I have made much more stupid investment than that :):)

yagcs
 
Originally posted by DelhiCP
Salary Difference is no longer a problem and I speak this from my personal experiences. The salary on my LCA was 10K more than what I am getting today, and yet I got my approval with no RFEs.

In the present economy, I am sure that BCIS realizes that you cannot still command the same balloon salaries you once were when IT was reigning supreme.

So dont worry, and stop paying the Y amount that you are. Its a waste of your money.....In any case I dont think its legal for your employer to accept money from you (including employer taxes) and paying the amount back to you. I mean loan payments are OK, but the option that you have for yourself here is not a good one IMHO.

All the best !
Click to expand...


Hi
As long as you won't get an RFE, what you said may be true. But what about if rfe comes and they check your paystubs, w2s etc etc . . .
 
Salary

I think the salary mentioned in the Labor clearance is the salary an employer has an intention of giving once the green card is approved.
For I-140 approval one doesn't need to earn the salary mentioned in the Labor clearance.

You can still be getting the same salary for which you have an LCA approval which was obtained for getting H1.

Correct me if I am wrong - experts.
 
Gurus,
I have question about salary. My question is whether it makes any difference if the salary is paid on the hourly basis instead of anual basis, as in my case my labor was cleared on the anual basis but now i am getting paid on hourly basis, but I am full time W-2.
 
Originally posted by yagcs
Here's my dilemma. I applied for GC in 2001 through my company and the labor was approved with a base salary of $x,000pa.
Due to rate cuts my employer couldn't pay $x,000pa and could afford only$(x-y),000pa; Since I was worried about the I140 approval, I offered my employer to pay $y,000pa from my pocket. He agreed to it and has been paying $x,000pa
My I140 got approved after getting an RFE about company financials. Since I'm atleast one year away from I-485 approval , I don't want to continue to pay $y,000pa from my pocket (and lose taxes on that).

Is it a good idea to take the cut till the vicinity of my approval date and get only (x-y),000pa for now? I plan to start paying from my pocket and receive $x,000pa when the processing date nears my ND.

Experts please advise

What kind of RFE's do we get in the I485 stage?

Thanks,
yagcs
Click to expand...

i'm not 100% sure, but this scheme sounds like fraud.
i'm not judgemental, just my 2 cents.
 
yagcs - If your employer is really flexible then there is another way..

what you can do is ask him to withold your Paychecks begining from now. So if your paycut(=y is say)=14.3% of x (your original salary per month as in LC) then you need 7 more paychecks from now @ $(x - 0.143 x) to come up with 6 Paychecks which show $x

To do this :
1. You must be really nuts,
2. You should have a trust worthy and a very flexible employer
(Who can be lured by "greed" of not having to pay you for a
long time )
3. Be able to survive for 7 months without a Paycheck to save
double taxes .


- Just a mathematical solution ... although possibly feasible.
Solves only your "LAST FEW PAYSLIPS" kind of RFE which is the most critical.

Yes there was "Absolutely" NO need for you to have done this at I-140 stage ...
 
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Hi gcgcgcgc,

Even if yagcs gets an RFE , I beleive she/he should be okay as I beleive that yagcs is paying y+z dollars and the employer pays y dollars back thru paycheck to make make it equivalent to x. The z amount will go into payroll taxes which is the loss or price of GC for yagcs.

So from yagcs point of view the total of her/his paychecks per year should tally with the W2 which should inturn tally with the salary mentioned on LC.

The question is how the employer is accounting the y+z dollars paid by yagcs for every paycheck.

Since yagcs already mentions that
I140 got approved after getting an RFE about company financials.
Click to expand...

If at all there will be a problem , that would be from the perspective of the employer's financials.
 
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Does anybody have any idea about what HARAPATTAWAITER is asking here...
"I have question about salary. My question is whether it makes any difference if the salary is paid on the hourly basis instead of anual basis, as in my case my labor was cleared on the anual basis but now i am getting paid on hourly basis, but I am full time W-2"

I'm in a similar situation too. Your insight will be appreciated.
-Marcus
 
YAGCS

YAGCS

As I had mentioned earlier, your employer doesn't have to pay you the salary (which your labor certification reflects) till your green card is approved, but should have the ability to pay.

I have read this on several lawyer websites. Right now I just saw this one :
http://micahoffice.netian.com/memo3.htm

There are more such articles, you can search them on Google. So don't go thru that unlawful procedure and don't waste your money.

Just my opinion. Please confirm with the experts before you decide.
 
Re: Re: Salary Dilemma

Originally posted by dr_hangup
i'm not 100% sure, but this scheme sounds like fraud.
i'm not judgemental, just my 2 cents.
Click to expand...

guys, this is not as complicated as it sounds in my first post. Let me put it in another way.

my LC is approved for 60,000. But my employer is getting 52000pa from the client. I asked him to pay me at 60000pa till my GC gets approved. The difference of 8000pa which I give, is more of a collateral. He is not doing any fraud as booking it as revenue or something. He is merely keeping that 8000 in case if I run away after my GC gets approved.

Tomorrow If I get a client who pays 70,000, my employer will return those 8000 to me(when I have worked enough hours). But If I leave the company before, I only lose the tax which I had paid on those 8000.

yagcs
 
Don't waste money. GC is for future employment. So you will not be rejected based on your current salary < LC salary. Infact, there are thousands of people in the same boat. My current salary is 40% less than LC salary. But i don't care. I know that there is no law that states that the current salary should be same as mentioned in LC. The problem comes if we use AC21.
 
newmanmarcus

It should not make a difference, assuming that they are paying you 1/24th every half of the month, My company does the same. Just make sure if required the employment letter says that you are on a anuual salary of X.
 
dsatish

dsatish I totally agree with you

Originally posted by dsatish
Don't waste money. GC is for future employment. So you will not be rejected based on your current salary < LC salary. Infact, there are thousands of people in the same boat. My current salary is 40% less than LC salary. But i don't care. I know that there is no law that states that the current salary should be same as mentioned in LC. The problem comes if we use AC21.
Click to expand...
 
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