Salary issue in EVL - Pls help United Nations, dsatish others..

G

GCred

Registered Users (C)
Hi,
My salary is currently 6K lesser than the salary mentioned in the labor. My company says it will give a bonus of 6k rather than a salary rise. It also promises to give an EVL which will mention my total annual salary as the one mentioned in the labor since it includes the 6K bonus. They are also promising this bonus until they make a permanent adjustment to the salary. Will this be sufficient to prove proferred wages or the salary itself should be equal to the proferred wages?
Also what difference does it makes to company and to me if I receive as a salary or as a permanent bonus?

Thanks...

I-140- RD OCT 03 / AD July 04
I-485- RD May 04..
 
Are you using AC21? Salary is not problem because my salary is less 4K from the salary mentioned in the labor. I got RFE on my I485 and i replied with my paystup and i got approved. It wouldn't be problem if it is mentioned in your EVL letter.

GCred said:
Hi,
My salary is currently 6K lesser than the salary mentioned in the labor. My company says it will give a bonus of 6k rather than a salary rise. It also promises to give an EVL which will mention my total annual salary as the one mentioned in the labor since it includes the 6K bonus. They are also promising this bonus until they make a permanent adjustment to the salary. Will this be sufficient to prove proferred wages or the salary itself should be equal to the proferred wages?
Also what difference does it makes to company and to me if I receive as a salary or as a permanent bonus?

Thanks...

I-140- RD OCT 03 / AD July 04
I-485- RD May 04..
Click to expand...
 
Actually, I am still with the same company and my 180 days is going to be completed only by the end of this month.

Rsundaram said:
Are you using AC21? Salary is not problem because my salary is less 4K from the salary mentioned in the labor. I got RFE on my I485 and i replied with my paystup and i got approved. It wouldn't be problem if it is mentioned in your EVL letter.
Click to expand...
 
Thank you for your response.
So the Proferred wage is basically not neccessarily salary but can include bonus and any guaranteed extra benefits like that? Wouldn't the USCIS rise an issue since the bonus is discretionary?

Will my bonus carry a higher tax rate than the normal salary?


unitednations said:
Your past the 140 stage so I assume the company still has ability to pay. As long as the EVl letter from the sponsoring employer states they are going to pay the proferred wage then you will have no issue. If the EVL says your salary is XXX and there is a fixed guaranteed bonus of XXX and it sums to the proferred wage you will still be fine.

How does this impact you financially; bonus can be taken away and is discretionary. also, if you quit before bonus time you won't get any of it whereas if it was salary you would have gotten some of it. Also, when/if you receive annual raises the raise amount will be smaller in dollar amount if the percentage raise is multiplied by salary rather then salary +bonus.
Click to expand...
 
Salary Issue.

GCred said:
Hi,
My salary is currently 6K lesser than the salary mentioned in the labor. My company says it will give a bonus of 6k rather than a salary rise. It also promises to give an EVL which will mention my total annual salary as the one mentioned in the labor since it includes the 6K bonus. They are also promising this bonus until they make a permanent adjustment to the salary. Will this be sufficient to prove proferred wages or the salary itself should be equal to the proferred wages?
Also what difference does it makes to company and to me if I receive as a salary or as a permanent bonus?

Thanks...

I-140- RD OCT 03 / AD July 04
I-485- RD May 04..
Click to expand...

I have a similary issue, my current salary is 3k less then what is specified in labor. My lawyer discussed with me and wrote in the RFE response letter that my current salary is (x-3) and that the company has the ability and will pay x = labor specified salary upon approval of 485.

We sent this letter just last week, but my lawyer did say that this should not be an issue.

Rhino.
 
Thanks United Nations. That is helpful.

unitednations said:
If EVL said bonus is fixed and guaranteed then you shouldn't have any problem (it's really not a bonus anymore as bonuses are discretionary, it is more of a timing of when you get paid renumeration. If labor cert said your salary was on an annual basis then it doesn't necessarily mean that you have to get the salary paid on an even basis throughout the year. As long as the benefits are guaranteed and taxable then they would be considered salary for purposes of greencard.

Form 750a (labor cert), one of the certifications that employer has to make is that the "wage offered is not based on commissions, bonuses, or other incentives, unless I guarantee a wage paid on a weekly, bi-weekly or on a monthly basis.

From a tax point of view. When you do get paid a bonus, the tax tables don't take into consideration that it is a one-time payment. When you get it paid, the tax tables essentially extrapolate that payment and assume that is your annual salary and it will cause you to be taxed in a higher amount. However, once you do tax return you should get some of it back.
Click to expand...
 
hI,

U should be fine. U are allowed upto 5% diff in wages between labor cert and actual pay. Higer than that should be fine. Also if u use AC21 u are free of location and salary clauses. Also one can get a EVL from employer that uu will be payed xxx dollars after u get the green card. Bu then abaility to pay has to be proved. U should be scott free.

Cheers

Tanjar
 
Actually the salary mentioned in my labor certification is 95% of the prevailing wage. I got my labor certified with that. And I have others in my company too who had it the same way. Hope this will not cause an issue now since the labor has already been certified.

unitednations said:
Tanjar, the 5% rule is mainly in h-1b cases where the salary can be less by 5% from prevailing wage.

For 140 labor certification the proferred wage has to be higher.
Click to expand...
 
My RFE (issued 11/17) is on its way. I am guessing it is for EVL/paystubs etc. And, I am a little concerned as my current salary is almost 25% more than what the LC states. Would that cause any problems?

Thanks.
 
You must log in or register to reply here.
Top