Salary Issue

[Akash Sharma]

One of my friend has similar issue, His 140 is approved and 485 is under process (RD Dec 2003). He is getting about 10 K less than approved in labor. Is it fraud? His employer says this is future job so we will match with labor once 485 is approved. Is it OK?

Thanks.

 

[pralay]

Yes, it's perfectly legal. It's not a requirement for employer to pay LC salary before GC approval (but good employers do that).

 

[GKNair]

Is it okay if they pay more than that? Do INS have any problem in that? my spouse got an RFE for EVL and they gave it with 15k+ since it is already three years since we had applied for the Labour.

 

[SirZ]

Is it okay if they pay more than that? Do INS have any problem in that? my spouse got an RFE for EVL and they gave it with 15k+ since it is already three years since we had applied for the Labour.

Yes its fine. The only reason they care about the salary is because they want to make sure that you aren't doing it for less than an american would. Making more just shows how much the company values your expertise.

 

[kenki2u]

Company should match prewailing wage

Company should match prewailing wage and not LC salary. LC salary is the salary you make at the time you submit your LC. What INS is looking for is your job prewailing wage at the time when they touch your case and compare it with your current salary. Prewailing wage may be down or up compare with your LC salary depending on the economy and job market forces in your workplace.

You can check the prewailing wage for your job title here:-

http://www.flcdatacenter.com/casesearchperm.asp

Just enter your company and the state which LC is submitted. You should see your LC case.

I believe if INS do indeed send RFE about your current salary, they will check and approve if your current salary is less maybe 5 to 10 percentage less than prewailing wage ( don't worry about more) but not less than 20 or above percentage.

 

[hbt2002]

LC salary is the salary you make at the time you submit your LC.

Not true. LC salary is the projected salary that one should be getting once the green card is approved.

I believe if INS do indeed send RFE about your current salary, they will check and approve if your current salary is less maybe 5 to 10 percentage less than prewailing wage ( don't worry about more) but not less than 20 or above percentage.

Not true again. It's ok to make less than 20 percent as long as the company is willing to adjust your salary to the amount stated in LC application once 485 is approved. If possible, have your company state in the RFE letter that they will raise your salary once the gc is approved. My company did it and I was making about 30 percent less (already got my gc).