Salary Issues
- Thread starter haripatti
- Start date
Read between the lines
While filing for Labour, I-140 or 485 you should always read each field carefully and keep a copy of all papers submitted.
I dont remeber which form it was, but it clearly mentioned salary being offered on employment ..... and my company had said 78k as that was the minimum that time for EB2 RIR. So read all the documents, if you dont have call the lawyer. After all he is being paid for a job.
While filing for Labour, I-140 or 485 you should always read each field carefully and keep a copy of all papers submitted.
I dont remeber which form it was, but it clearly mentioned salary being offered on employment ..... and my company had said 78k as that was the minimum that time for EB2 RIR. So read all the documents, if you dont have call the lawyer. After all he is being paid for a job.
Upstate_NY
Registered Users (C)
Folks,
Replies are not correct.
In the Labor Dept Manual, they have specified salary requirements ("prevailing wage") for 100s of job titles and DOL go by that.
Prevailing wages for 'Programmer/Analyst' and 'Software Engineer' differ (both are around 70-80K). Check the DOL guidelines before filing Labor Cert.
Don't base your answers on your personal case because that is only seen as a guideline.
If the promised salary is below this "prevailing wage" amount, the labor cert is denied or returned for higher wages.
Hope this helps.
Replies are not correct.
In the Labor Dept Manual, they have specified salary requirements ("prevailing wage") for 100s of job titles and DOL go by that.
Prevailing wages for 'Programmer/Analyst' and 'Software Engineer' differ (both are around 70-80K). Check the DOL guidelines before filing Labor Cert.
Don't base your answers on your personal case because that is only seen as a guideline.
If the promised salary is below this "prevailing wage" amount, the labor cert is denied or returned for higher wages.
Hope this helps.
180DaysGuy
Registered Users (C)
Haripatti,
First of all your username is unique..
When your company files for your I-485, they normally send a covering letter addressed to the INS, which 'praises' you and which contains the details about the position for which they are filing your GC, your job description and your salary. This is what you are looking for in case you don't have the original labour or its copies.
I never received copies or originals of my labour as comp. told that it's their properety which is true in one way as they can substitue labor if you leave the company.
Secondly you are entitled to copies or originals of I-485 filings as it is your application.. I presume you have that, else ask your comp. or attorney for the same
Good Luck
First of all your username is unique..
When your company files for your I-485, they normally send a covering letter addressed to the INS, which 'praises' you and which contains the details about the position for which they are filing your GC, your job description and your salary. This is what you are looking for in case you don't have the original labour or its copies.
I never received copies or originals of my labour as comp. told that it's their properety which is true in one way as they can substitue labor if you leave the company.
Secondly you are entitled to copies or originals of I-485 filings as it is your application.. I presume you have that, else ask your comp. or attorney for the same
Good Luck
Upstate_NY
Registered Users (C)
Haripatti,
The Company MUST mention a salary at/above the Prevailing Wages or else your LC will be denied. You need to ask the Company to redo the form before submitting. You do not have to be getting this salary now. This is the promised salary by the company upon GC approval.
No, there is no separate documentation. When filing I-485, you have to submit a Job Letter stating the current salary (if it meets the prevailing wage) or the promised salary (to meet prevailing wage criteria).
Good luck!
The Company MUST mention a salary at/above the Prevailing Wages or else your LC will be denied. You need to ask the Company to redo the form before submitting. You do not have to be getting this salary now. This is the promised salary by the company upon GC approval.
No, there is no separate documentation. When filing I-485, you have to submit a Job Letter stating the current salary (if it meets the prevailing wage) or the promised salary (to meet prevailing wage criteria).
Good luck!
RD1026_BIL
Registered Users (C)
LC and wages
In my LC it was mentioned $50,000, and got it approved in may2000. It was filled as RIR /EB3
Iam confused, Do i need to have 70-80 range???
Please clarify..............
thanks
In my LC it was mentioned $50,000, and got it approved in may2000. It was filled as RIR /EB3
Iam confused, Do i need to have 70-80 range???
Please clarify..............
thanks
Upstate_NY
Registered Users (C)
I would suggest that every LC applicant check on DOL requirements regarding "Prevailing Wages" which is based on Job Title, Demography, Area etc.
Upstate_NY is right. Please do not state your specific case as a guideline. If you want to, make it clear that this is how your case was, and that other cases could be different. Some people who are new to this board or to the GC process might get confused. Thank you.
Upstate_NY
Registered Users (C)
dj_485Filer
If your current salary meets the prevailing wages, then it doesn't matter either way. If your current salary is lower, a salary figure equal/more to the prevailing wages must be stated in the LC appl.
RFE may be generated after 485 submission as INS sometimes seek proof of adequate salary. This is more probable if the job letter submitted during 485 states a current salary lower than the Prevailing Wage. However, many have obtained GC w/o RFEs. So there is no way to know what lies ahead.
In a RFE response, a job letter stating that the Company will pay Prevailing Wages upon GC approval may be enough. But then again, some companies don't like to give such letters either.
The road to GC is very unpredictable! However, be prepared in advance.
If your current salary meets the prevailing wages, then it doesn't matter either way. If your current salary is lower, a salary figure equal/more to the prevailing wages must be stated in the LC appl.
RFE may be generated after 485 submission as INS sometimes seek proof of adequate salary. This is more probable if the job letter submitted during 485 states a current salary lower than the Prevailing Wage. However, many have obtained GC w/o RFEs. So there is no way to know what lies ahead.
In a RFE response, a job letter stating that the Company will pay Prevailing Wages upon GC approval may be enough. But then again, some companies don't like to give such letters either.
The road to GC is very unpredictable! However, be prepared in advance.
Does that mean company can pay any prevailing salary after 485 approval even though salary mentioned in LCA is higher than the prevailing salary?
May be this question doesn't ralate with this issue?
Is it legal for company not to file 1-485 (when date is current) by using some kind of excuse, let us say, salary excuse (salary mentioned in LCA is above GC filer current salary)?
May be this question doesn't ralate with this issue?
Is it legal for company not to file 1-485 (when date is current) by using some kind of excuse, let us say, salary excuse (salary mentioned in LCA is above GC filer current salary)?
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Upstate_NY
Registered Users (C)
When filing the LC, the Company is promising to pay whatever salary they state in the LC Appl. The company is obligated to fulfill this legal stipulation once GC is approved.
I don't think the company is under any legal obligation to continue the GC process. The company can withdraw the petition within 180 days of filing 485 and only if INS gets around to doing so within 180 days. Beyond 180 days, the AC21 law kicks in and the applicant is safe.
I don't think the company is under any legal obligation to continue the GC process. The company can withdraw the petition within 180 days of filing 485 and only if INS gets around to doing so within 180 days. Beyond 180 days, the AC21 law kicks in and the applicant is safe.
As company started the process I believe it should be illegal for company to withdraw process if person is already on their payroll. GC filer put his all his hopes, money and family future waiting for completion of this process. So, it looks to me a case of employee
harashment by company for company benefits and employee should have right to fight against company ( to avoid withdrawl/delay in filing of his case).
harashment by company for company benefits and employee should have right to fight against company ( to avoid withdrawl/delay in filing of his case).
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How to check the original app for LC?
I believe that LC application are the property of the company. How do I know what Salary was mentioned in the LC application? When is the official GC approval take place for companies to offer the promised salaried? Is it when PP is stamped or when the GC actually arrives?
I believe that LC application are the property of the company. How do I know what Salary was mentioned in the LC application? When is the official GC approval take place for companies to offer the promised salaried? Is it when PP is stamped or when the GC actually arrives?