Salary during 485 less than LC - Case Approved

S

sagar10

Registered Users (C)
Hi All,

My 485 Application was approved on 1/31/03.
This will help all who are worried about Salary during 485 less than LC.
The GC is for a future job and hence the decision.
My current salary is 3.5K less than what was specified in Labor.
Labor had $80K. My current salary is $76.5K.
I will be available to answer any questions that anyone may have.

Good Luck to everyone.

Sagar
 
Answer

Yes, I did get an RFE in Oct 2002. It was for:-
3 months paystubs
W2 for Year 2001
Tax papers for 2001
Current Letter from employer saying that the Job is still available

I have been with the same employer.

Hope this helps.

Sagar
 
Tax papers 2001?

Hi Sagar,

What did you send for tax papers 2001?
Is it the copy of what you filed to IRS?

Thanks
Sept13
 
Sept13, Yes a copy of what I sent to IRS

Sept13, Yes a copy of what I sent to IRS

Good Luck.

Sagar
 
Thanks Sagar.

Sagar,

Thanks for your response.
Is there a way to get the details from IRS if you lost the copy?

Thanks
Sept13
 
Sagar, Did you change employer ? Also did you mention current salary in Emp Letter

Sagar, Did you change employer ? Also did you mention current salary in Emp Letter
Maybe your Tax forms and W2 for last year may have shown wage higher than labor

Reason, I am asking is bcos my friend got Interview after RFE and he thinks it is bcos his current salary is less than mentioned in Labor.
 
Sept13, your tax accountant will be able to answer your question.
But I think that you can get a copy from IRS.

1Longwait,
I did not change employer.
My current salary is less than what is mentioned in the Labor and yes, we did mentione that in the employment letter.
There could be either of the following 2 reasons for my approval.
1) GC is for a future job and hence the employer will pay what is mentioned on the Labor after GC approval.
2) What I have been talking about is my Base salary since when INS talks about Salary, they always talk about BAse salary.
Although my Base salary is less than what is on Labor, I do get bonus every year and that makes my gross more than what is mentioned in my labor.

But I think that the Number (1) is the real reason for approval since I have seen new RFEs where INS wants you to prove that you will not become a PUBLIC CHARGE. Hence it should not matter if you are making a few thousand less as long as you can prove that you will not go on Unemployment benefits.

Sagar
 
Thanks Sagar

Thanks for the reply Sagar.
I have the copy when I filed through tax accountant.
I lost the copy I mailed to IRS previous year.

Thanks and Good Luck.
Sept13
 
My salary in LC is 72k. But right now iam getting 54k. Do you think it's not a problem? I am with the same employer.
 
A freind of mine is in the same situation. Employers have tried to save jobs by offering pay-cuts. INS seems to be ok with cases where employer was different. I hope they are ok with same employer too.
 
My 2002 salary is also less...but

I am showing 12 weeks of unpaid leave...my first leave in 6 years with the same employer.

My attorney says it is not a problem, and I have repeated asked him. He said the fact I am employed and the emplyer can show he can pay the LC Salary after the GC approval is enough.

Also when I pointed out the NJ law clause, he agreed he will also use that. We had a baby in 2002, and NJ law allows employers to give upto 12 weeks of unpaid leave and still keep the job open for the emplyee for FMLA (Family Medical LEave Act)...

I will use that to fight my case and the attorney is with me in case they ask. At least we are earning that is all it matters.

Right now my salary is what it is in the LC...

Crossing my fingers as I am already 5 years into my GC...application
 
I think Raju321 and March2002tracker both will be OK because GC is for a future Job.

Good Luck to all.
I can understand the Pain that you must be going through since I have gone through this.

Sagar
 
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