Salary Issue for Adjustment of Status....Pls Help

rs9

New Member
My I-140 got approved last month and as we were getting ready for conselor processing, I was informed by my company that we could not go ahead. My 1st and 2nd phase of green card application got processesed in 12 months unlike the customary processing time it usually takes. Now I would have to wait as the salary mentioned on the Labor Certification is 12k less as my current salary. Hence my company has advised me to wait for another 8 to 9 months for my next annual salary increase and apply only through adjustment of status. Please advice if I have to wait or if I can go ahead with the next stage. Thankyou
 
No Title

Not legal advise:
I suppose you meant to say your LC > current.
There is some risk (though many say small) with lower current salary. However since LC is future job, your current salary does not have to be same as LC salary.
If your company can issue an employment verification letter which says current salary of temp. position and the permanent position salary as being the same as LC, or say only permanent position salary
then you are good to go.

I would discourage you to wait 8 months for anything. If you can get this employment letter, you can do CP without their help.
 
I agree with Abu_lafya!!

I am in the same situation and I already applied for adjustment status. Current salary doesn\'t need to be the same as your LC. However, your company must provide a letter stated that they will increase your salary match with your LC after your greencard is approved.
 
Does salary on EB1-OR matter?

I put a salary figure on I-140 for my EB1-OR. Am I expecting any hurdle if my current salary differs from the figure on my I-140? Thanks.
 
No Title

There are two things. One is the salary u were getting at the time of filing ur LC say 80 K per annum. At that time, the prevailing wage was 50 K per annum for the job with the specific Occupational classification code as mentioned in the LC approval which u would have got. So my strong feeling is that ur salary should not be below 50 K but can be anything above it at any point of time or at the time of GC approval as the case may be. The most important thing is that the opinion that ur salary should always be above 80 K is not correct as it was ur salary and not the prevailing wage for the specific job code. Hope this helps
 
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