Salary issue

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forum123

Registered Users (C)
Guys please anwer this, if anyone knows:

Salary specified on Labor is 70K (this after RFE for salary lower than the prevailing wage and employer agrees to pay 70K after GC approved.)

The question is say if the 485 is approved (same position etc) and present salary drawn is around 61K (< 9K) and same employer refuses to pay 70K what are the options:



1. Are we suppose to inform USCIS for same because it may be problem at the time of citizenship

2. Do nothing.

3. Is there going to be any problem as far as GC is concerned in present/future....


Thanks
 
Not a big issue

No there is nothing USCIS can do about it even if you inform them.
Did you say you got an RFE for salary lower than prevailing wage ?? What is the RFE details ?
 
I got RFE in the labor stage from State office that salary was less than the prevailing wage.

I am not sure about the exact details of the RFE but it was regarding salary, my lawyer just sent paperwork for employer to agree that they will pay the 'new' salary mentioned on LC.

Nothing in I140/I485 so far, on the same issue.
 
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I don't think BCIS keeps track of salaries from GC to citizenship. If for any reason the employer did not pay the agreed salary- the employer is to blame and not you. BCIS at the same time does understand that the market forces govern salaries and not a 3/4 year old statement of intent.
You complaining against the employer will not get you anywhere with the employer or BCIS.
HTH
 
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this salary issue is interesting. if actual salary paid is not checked by BCIS at any stage, what is the sanctity of whole process of advertising the position AT SALARY LEVEL specified by Labor?

According to my attorney, actual salary being paid should be close to APPROVED salary level. This makes sense because (USCIS also undersatnds that) there is no reason why the employer will give an employee a raise of 9K right after 485 approval, with the same job description.

I think you should be fine as long there is no RFE for pay stubs etc.

BTW my lawyer insisted that my actual salary should be close to approved lavel and my 485 got approved without any RFE.

RD 1/18/02
ND 1/31
Approved 2/12/04
 
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I went through similar situation. My employer provided a letter stating the salary mentioned in the Labor will be paid at the time of approval in my AC-21 letter. But i did not mention my current salary anywhere. Difference was around 7K.

Per some chats and consultation with my attorney if it is more then current prevailing wages it should not be a problem.
 
Originally posted by tammy2
I went through similar situation. My employer provided a letter stating the salary mentioned in the Labor will be paid at the time of approval in my AC-21 letter. But i did not mention my current salary anywhere. Difference was around 7K.

Per some chats and consultation with my attorney if it is more then current prevailing wages it should not be a problem.
Click to expand...

So the question still remains what if they don't pay, who is going to be accountable for that?
 
Originally posted by forum123
So the question still remains what if they don't pay, who is going to be accountable for that?
Click to expand...

If they don't pay, it is not your problem, it is employer's problem. You can even leave the employer and find another 'similar' job on those grounds.
 
Forum123,
I am US citizen myself. I can say from my personal experience none of this matter in Citizenship time. I left the employer 1 month later after getting the GC... So relax and enjoy.
 
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