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.

Thanks
 
Khazana

You can do it without Attorney. Follow discussion board and immihelp.com for details. Since your manager is willing to give the employment letter with LC salary, you should be OK.
No need to send with Packet 3. Carry all salary related papers at the interview stage.
 
khazana: I would be careful while dealing with the State Department...

\'cos while doing CP you need to fill out an IRS form which would give them access to your tax history. The probability that they would check every case in detail is relatively small, however, if you\'re willing to take the risk it\'s your call. Total annual compensation typically does not include benefits. As long as your current salary is greater than or equal to the LC salary you should be fine.
 
Where can I find info about LC salary levels ?

What is this figure and is it not validated at the time on labour clearance ? And once that is cleared, why would the consulate need to validate it again ?
 
Dont worry

GC is always for future jobs. If your employer is ready to give you the letter with the LC salary - you are fine. They cannot reject on the basis of your past salary.
 
No Title

i carried a letter which clearly stated that my current salary is 20 cents and after approval of GC, it would be 22 cents...

  i had no issue..
 
No Title

Thanks a lot everyone for your replies. I guess the leading thought is that I can carry out the process independently as long as my manager gives me the letter stating that my compensation after GC approval would be $x. Now, do I need to get any papers from the attorney to return packet 3 and is there any communication with the lawyer after the sending packet 3? Plus, assuming everything goes ok and I come back with my GC would I not need to inform my HR of my status change. At that point, can me or my manager get into any trouble since according to them they haven\'t continued my GC process?
Appreciate your help, guys!!
 
No Title

boy, you are treading thin waters here!! Frankly i thought u meant the company when u meant the manager! if manager\'s boss comes to know that an emplyment letter has been issued without his knowledge, you bet, he is going to get mad!

unless both u and ur manager are quitting as soon as you get your GC!!
 
Employment Letter & LC

Ideally, the employment letter to support consular processing should be signed by the same person who signed on the ETA-750 forms for labor certification. In large companies, someone from HR is authorized to sign. If your manager is authorized to approve salary adjustments or issue employment letters, verification letters, etc., you are fine. If not, you may certainly be treading thin waters, as MadMad noted.

As an aside, if you have an employment based petition, it is never a good idea to consular process without the knowledge and approval of your employer. Under a "zero defect" scenario, you may not need anything other than a valid employment letter. However, should issues arise, you will be caught off guard and may not be able to solicit assistance from your employer.
 
No Title

khazana,

my piece of advise is not to mention position or salary in the job offer letter. Letter should be as generic as possible.

Basically letter should that the company continues to support underlying I140 filed in your favor.

Just search this board for sample letter.
also look into this link-
yishin "employment letter posts" 7/16/01 6:28pm
 
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