Salary offered is higher than the one in labour

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msomani

Registered Users (C)
Guys,
I got my 140 approved and I have a salary offer which is 30K more than what was mentioned in my labour. I can use AC21 to switch companies....My questions

a) Would it create any problem in 485 stage provided an RFE comes
b) Would i be denied GC as they might term me as overqualified for the job offer mentioned in the labour. NOTE - my position is same as mentioned in the labour form (programmer/analyst)

msomani
 
My understanding and experience is that more salary is not a problem at all. I am getting more salary since I applied for my LC.

However for your AC21, it is not clear from your posting that you have completed 180 days after applying for I-485, make sure of that.

Consult a lawyer!!
 
Originally posted by whats_in_name
My understanding and experience is that more salary is not a problem at all. I am getting more salary since I applied for my LC.

However for your AC21, it is not clear from your posting that you have completed 180 days after applying for I-485, make sure of that.

Consult a lawyer!!
Click to expand...

Msomani

what is difference in the salary in terms of Percentage?? Search the forums. There are posts which indicate that ppl are earning anywhere between 70 to 125 % more salary than mentioned in LC.

since it is higher i think your are good to go make sure you have passed 180 days and the Job Description is same(at least similar) not just the Job titile.
 
Any change in salary is not an issue as long as the new salary is greater than 40K and less than 100K. Anything beyond these limits can cause some discomforture. The exception will be if your LC states your salary closer to the above figures. In that case you might be safe upto 20% movement. Frankly, i have never seen any one getting problems due to salary issue.
 
Just be happy.

I think you should be happy That you are getting more salary. :)

If you don't want then you can send the Diffrence to me, I will greatly accept it. :)

Let me know if you need my address. :)

BTW there is no Imapct on 485 for salary > than what is mention in LC.

Dstatish,
I am not sure the range you mention is Correct or not. do you have INS doc to support the range.
 
Thanks guys for your input.....

Whats_in_a name - I have crossed 180 days and my 140 is approved.

dsatish - are you sure about the range...

GC_NC123 - I would be happy if I would be getting the salary...its just a offer as of now....i am not accepting it since I had read somewhere in the post that you cannot work on a salary which is 30% more than whats specified in the labour. So i want to be doubly sure on that front. GC is too big a thing to be played with for 30 K

msomani
 
The ranges i have mentioned are purely logical ones (my own logic) . I implied to say that as long as the current salary is not too bad or not too high in general (irrespective of what is mentioned in LC), then there won't be any problem.
 
dsatish::

What is your thoughts about the current salary is < LC mentioned salary

the differance is -25%

Need the guidance...

do he better change a job who pays salary is = LC mentioned ???
 
msomani

As dsatish said, the range he mentioned was his logic. I know people personally who got salary double of LC and it was more than 100K (around 120K) but they have not received RFE as of yet, waiting for the approval though. And I think my lawyer told me that higher salary is not properly.

GOOD LUCK
 
Originally posted by dashDurai
dsatish::

What is your thoughts about the current salary is < LC mentioned salary
the differance is -25%
Need the guidance...
do he better change a job who pays salary is = LC mentioned ???
Click to expand...
While i am not a lawyer, i can feel confident on my knowledge on this subject based on my intensive observations on this issue in this forum. When i have first joined this forum last year, i used to pose this question to many people who got RFE and got approved.
As i have stated earlier, the Salary mentioned in LC is a non-issue under most of the circumstances. Salaries are like stock prices. They vary with time. The only situation that can cause some worry is if a big salary change takes place within very short time.
In that case the INS might transfer your case to a local office for an interview and you have to convince the officer during the interview.
Example : Your LC is filed in Jan'03 for salary of 50K. LC gets approved in Mar'03 and you file I140 and I485 in April'03. NOw if the offcer takes up your file in April'04 and sends an RFE and you reply with a current salary of 100K, then that is a completely unreasonable change within 1yr 3 months (from LC filed to RFE received). If the same change takes place over a period of 3 yrs, it is NOT unreasonable. Same logic applies to downward changes also.
 
Dsatish :

I don't believe your salary jump explanations are correct.
A salary jump of 100% in an year or so can be reasonably justified. Remember (and you can explain this in the interview with local office) that your salary is determined by the industry you work in as an IT professional.

e.g. If you're working in the investment banking/brokerage sector (in NYC), base salaries of 100-140K are more common than in a non-financial industry.

This can be easily explained in the interview.
 
Originally posted by bhankas
Dsatish :
If you're working in the investment banking/brokerage sector (in NYC), base salaries of 100-140K are more common than in a non-financial industry.
Click to expand...

That's a cool news :). I am exactly in that type of job (working in a investment/brokerage bank in Newyork area). Some people told me this but i was not sure how correct it was. Now i know what i should ask for :D
 
Originally posted by msomani
Guys,
I got my 140 approved and I have a salary offer which is 30K more than what was mentioned in my labour. I can use AC21 to switch companies....My questions

a) Would it create any problem in 485 stage provided an RFE comes
b) Would i be denied GC as they might term me as overqualified for the job offer mentioned in the labour. NOTE - my position is same as mentioned in the labour form (programmer/analyst)

msomani
Click to expand...

a. No
b. If Current(new) Job functions should match LC job funtions then there is no issue at all
 
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