Salary issues

HIDEKI

Registered Users (C)
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..
 
HIDEKI said:
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..

She should be consulting with a *good* lawyer at this point if she's serious about keeping the GC process alive.

If she's still with the original sponsoring company at the same location, this could be a tough denial to overcome. If she's moved to another company / location under AC-21 it might be easier to justify the lower salary.

The lawyer could possibly explain the lower salary with things like:

+the applicant moved to a lower cost of living area where salaries are lower

+the salary for the type of job has generally gone down because of outsourcing etc.

Unfortunately, it could be hard to make a case for this, especially if the change was significant and/or if she's at the same location / employer.

ETA
 
HIDEKI said:
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..

I received an RFE last week(letter from company, last 2 yrs W-2 and last 2 months paystubs).
Now, I just talked to my lawyer, and in my case I am presently paid $3k less then what my Labor and H1 had.

According to my lawyer, recently there have been lots of Denial's regarding this salary differences.
I have been working for the same company throughout.

Any inputs greatly appreciated.
Thanks in advance,

Rhino.
 
HIDEKI said:
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..

Hideki,
Can you post few more details about your friends case, like did she receive RFE or direct denial, is she allowed to appeal, etc.

Thanks,
Rhino.
 
salary is not a problem

HIDEKI said:
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..
hi we had the same problem even my husband w2 was half of the the amount example[his anual income 100.000,but w2 was showing only 50.000].I was always scare but ja my lawyer told us not to get scared that oke ad at our interview their was no problem at all no question about it.I hope it will helped you a little
 
HIDEKI said:
My friend from NJ had her I485 denied because of salary issues..Her petitioner stated that she was suppose to get this amount but what she was getting is less and does not reflect on her w2..she did'nt state how much was the difference..
any ideas on basis of denial / approval regarding salary..

Hi

In my case W2 was not a issue however, salary was higher than my labor approval rate so check with my GOOD LAWYERS...

Ask her not to worry, USA is not end of the world.
 
rhinohere said:
Hideki,
Can you post few more details about your friends case, like did she receive RFE or direct denial, is she allowed to appeal, etc.

Thanks,
Rhino.
I think they are appealing her case..
Another point of view to denial is due to inability of some companies to provide the prevailing salary of the petitioner in their profession..my company got a call from BCIS verifying number of work hours of some petitioned employees..but mostly those employees are still in H1b.
 
Last edited by a moderator:
Top