Salary Issue - Please help

K

khazana

Registered Users (C)
My current salary is about 30% less than the prevailing wage for my position ($x). At the time of filing my labor certification my management agreed to pay me the required salary when my Green Card is approved. They were under the impression that this process would take 2-3 years. The process till I-140 went unusually fast for me. Now my company wants to wait till I reach the required salary. Can someone please answer the following questions for me:
1. I have opted for CP. Can I carry out the process from this stage on independently without the companies attorney. My manager is willing to give me a letter saying that my salary would be $x but ofcourse not actually paying it.
2. Can INS find out later that my salary after I get the GC is not $x and can my manager or me get into trouble as a result of this at any point in the future.
3. Can we use the compensation including benefits to reach $x. My salary plus benefits would be pretty close to that amount.
4. Do we need to send anything related to salary with Packet 3 or later or does it only have to shown at the interview stage.

I would really appreciate if someone could answer.
 
Answers to your questions...

1. I have opted for CP. Can I carry out the process from this stage on independently without the companies attorney. My manager is willing to give me a letter saying that my salary would be $x but ofcourse not actually paying it.
You can carry out CP process by yourself. Once you get the notorized letter from your manager about "intending to pay you salary same as LC once you get GC" then you should be fine. However CP process requires to carry current pay stubs and your salary is about 30% less so a consular officer can always question the intent of your company. Technically you\'re fine but practically its a matter of taking chance because it all depends upon consular officer.

2. Can INS find out later that my salary after I get the GC is not $x and can my manager or me get into trouble as a result of this at any point in the future.
The onus is on your manager to pay the required salary but it is your GC so, yes you both can get into trouble. However, chances are rare and almost nil that INS finds this out now unless someone reports it.
  
3. Can we use the compensation including benefits to reach $x. My salary plus benefits would be pretty close to that amount.
No, usually you can not include your benefits unless mentioned in your LC
4. Do we need to send anything related to salary with Packet 3 or later or does it only have to shown at the interview stage.
I believe you\'ve to carry a notorized employement letter at interview.
 
No Title

Thanks, Bholaram for your reply. I\'m due for a raise soon so probably by the time of interview my salary would be about 16 - 17% less. Plus, I work for a fortune 100 company. Do you think that the Consular officer can still question the intent of the company? In case they do, do they ever call the company and try to verify the contents of the letter.
Thanks again
 
Never heard of any officer calling company

to varify details. Usually they dont question the intent once they\'ve notorized letter but I am aware of one case where consular officer in Canada had rejected one case just because the location of job specified in LC was different than this person\'s existing working location at time interview. Even though this person said that he would go back to that location after interview, this officer thought he might not. So be careful!
 
Making a statement that is knowingly false to obtain an immigration benefit is immigration fraud

Do what you want but at your own peril.

Jim
 
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