Salary Issue in CP

[pkp]

Hi Guys,
I am also in trouble now with the salary amount stated in LC. In LC, they stated 5K extra than my current salary and Lawyer is not willing to send the pkt3 to Consulate unless he gets a letter from HR that stating that they are going to give the salary stated in LC after coming back from CP Interview. And the employer is not willing to give that hike because of the economic conditions. Lawyer is advising to go for AOS now by filing I-485 now. But I am hesitating because it is going to take another 4 months extra time to get back my I-140 from NVC/Consulate to INS. Anybody, please give advise, what should I do.

 

[gcDrone]

You can choose either.

If you follow the law to the letter, your future salary must be at least the amount indicated on LC. However, several posters have reported successful consular processing in spite of salary differences, where the salary was more than the prevailing wages for that occupation. It is widely believed that consular officers do not refuse applications based on "minor" reasons, such as salary differential (primary\'s future salary is less than what was specified on LC) or non-immigrant visas that lack dual intent (spouse on F1).

A lawyer worth his salt will not advise you to opt for CP. Conventional legal wisdom states that should complications arise while adjusting your status, the lawyer can argue your case. Contrast that with consular processing, where you are allegedly at the mercy of the consular officer, get a face time of 15 minutes, and will not have any recourse to legal services.

Finally, opting for AOS at this juncture will not cost you any more time. Obtaining an EAD will take the same amount of time, and the six months period will be based on RD of your AOS application, regardless of how long it takes to transfer your case from NVC to INS. At most, the adjudication may take a few more months.

So, if you want to take a risk free approach (strictly from a salary differential perspective), choose Adjustment of Status. If you are a little adventurous like some of us, go for CP

 

[AIM]

PKP

Why don’t you convince your employer to issue you an offer letter which has the same pay as in LC? Your employer can always do a pay cut / roll back after joining citing market conditions.