Salary Issue

H

ham4242

New Member
Dear friends

I am little bit confused and need help

I am working on h1b for company A
Company B has filed labor throught PERM
On h1b I am supposed to paid 50k by employer, but I am being paid 30k-35k.
After approval of Labor certification through company B, my attorney has to apply for I140,
In I140 will they make any query on my salary since I am earning less then what I supposed to be.
My attorney told me that they will need last six pay stubs of my salary from h1b company (A).
If I show them the less salary on my last six pay stubs, will that be a problem?
If that will be a problem then Company A can give me check of real salary that is supposed to be, for the six month prior to filing for I140.

Pls advice me what shall I do.

Thanks
 
ham4242 said:
Dear friends

I am little bit confused and need help

I am working on h1b for company A
Company B has filed labor throught PERM
On h1b I am supposed to paid 50k by employer, but I am being paid 30k-35k.
After approval of Labor certification through company B, my attorney has to apply for I140,
In I140 will they make any query on my salary since I am earning less then what I supposed to be.
My attorney told me that they will need last six pay stubs of my salary from h1b company (A).
If I show them the less salary on my last six pay stubs, will that be a problem?
If that will be a problem then Company A can give me check of real salary that is supposed to be, for the six month prior to filing for I140.

Pls advice me what shall I do.

Thanks
Click to expand...
You will most likely receive a RFE. Be Prepared to explain how the B will pay the PW listed in the LC and how the CIS is sure you will work for the B.
 
ham4242 said:
Dear friends

I am little bit confused and need help

I am working on h1b for company A
Company B has filed labor throught PERM
On h1b I am supposed to paid 50k by employer, but I am being paid 30k-35k.
After approval of Labor certification through company B, my attorney has to apply for I140,
In I140 will they make any query on my salary since I am earning less then what I supposed to be.
My attorney told me that they will need last six pay stubs of my salary from h1b company (A).
If I show them the less salary on my last six pay stubs, will that be a problem?
If that will be a problem then Company A can give me check of real salary that is supposed to be, for the six month prior to filing for I140.

Pls advice me what shall I do.

Thanks
Click to expand...
It does not matter what A is paying you. As you are not working with B, they (B) need to show that they have the ability to pay you the proferred wage.
Even if A give you pay stubs for more than what is on B's LC as prevaling wage, that is not going to help your 140 case with B.
What is the financial position of B. Do they show good profit on their tax returns?
 
The salary that company A is providing you is not necessary here in your case as your GC application is going to be processed by company B as a case of future employment.
Company B will be giving the future employment letter that they will employ you if your GC is approved.To my knowledge you need not work for company B or have pay stubs from B till your GC is approved.
But at I-140 stage or even till GC is approved company B must have strong financial status that they can pay you the salary that is quoted in the LC.
If company B is financially strong to pay you the stated salary then that will suffice.
Verify that with your company.I have heard instances where the companies have been manipulating their earnings to escape from taxes and the employess get their I-140 in trouble becos company does not have ability to pay.

All the Best!!!!!!!!
 
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