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Salary required for 140
- Thread starter worldcitizen
- Start date
rhinohere
Loss is as real as profit while doing business. Most of the internet driven firm usually run their business in loss. Company might be running in loss for couple of years but it does not imply that they are incapable of paying their employees. I know personally many people who got their permanent residency through firms who continuously posted big losses for many years.
Continual engagement in the business, generating income (not profit), large number of employees, business contract with other entities; these are possible factors that can be included with the RFE response.
Loss is as real as profit while doing business. Most of the internet driven firm usually run their business in loss. Company might be running in loss for couple of years but it does not imply that they are incapable of paying their employees. I know personally many people who got their permanent residency through firms who continuously posted big losses for many years.
Continual engagement in the business, generating income (not profit), large number of employees, business contract with other entities; these are possible factors that can be included with the RFE response.
worldcitizen
Registered Users (C)
Unpaid vacation
What about people who were on bench/unpaid vacation for 3 -4 months. This might reduce their salary from 60K to 40K?
Unpaid vacation is a legal thing isnt it? If so, do u think employers can say the real reason of Unpaid vacation as the reason for a lower W-2 salary?
Originally posted by usnycus
rhinohere
Loss is as real as profit while doing business. Most of the internet driven firm usually run their business in loss. Company might be running in loss for couple of years but it does not imply that they are incapable of paying their employees. I know personally many people who got their permanent residency through firms who continuously posted big losses for many years.
Continual engagement in the business, generating income (not profit), large number of employees, business contract with other entities; these are possible factors that can be included with the RFE response.
What about people who were on bench/unpaid vacation for 3 -4 months. This might reduce their salary from 60K to 40K?
Unpaid vacation is a legal thing isnt it? If so, do u think employers can say the real reason of Unpaid vacation as the reason for a lower W-2 salary?
GC_GoneCase
Registered Users (C)
Salary difference of 5K?
Hi usnycus
Thanks for your inputs on this thread.
Your statement of 5K has raised few issues for me. Is the salary difference is by gross amount like 5K or some percentage?
My labor was applied 2 years back at 130 K and I have been getting that regularly. All my W2 for last 3 years show that.
However, due to few personal reasons, I would not able to continue with my current employer till time my GC is approved. The company is not doing well and I do not think they would be able to pay me like that till GC. My 140 is still pending for last 6 months.
In the mean time, I have got another job, which is going to pay me 120K. I am waiting for my 140 approval so that I can join this new company. The new company has also started my GC processing for just in case scenario. I still have 1.5 years left on my H1.
I was under impression that as the difference is less than 10%, I should be fine.
I have not included bonus and benefits in any of the above figures.
Do you think it can cause any issue with my earlier 140/485?
Any input would be highly appreciated.
Hi usnycus
Thanks for your inputs on this thread.
Your statement of 5K has raised few issues for me. Is the salary difference is by gross amount like 5K or some percentage?
My labor was applied 2 years back at 130 K and I have been getting that regularly. All my W2 for last 3 years show that.
However, due to few personal reasons, I would not able to continue with my current employer till time my GC is approved. The company is not doing well and I do not think they would be able to pay me like that till GC. My 140 is still pending for last 6 months.
In the mean time, I have got another job, which is going to pay me 120K. I am waiting for my 140 approval so that I can join this new company. The new company has also started my GC processing for just in case scenario. I still have 1.5 years left on my H1.
I was under impression that as the difference is less than 10%, I should be fine.
I have not included bonus and benefits in any of the above figures.
Do you think it can cause any issue with my earlier 140/485?
Any input would be highly appreciated.
GC_GoneCase
I assume your approved LC was with 130K salary.
I can't say for sure that a RFE will be issued or not in your case. And actually that should not be focus in this thread discussion. No one can predict.
Anyway, even if USCIS decide to issue an RFE in your case try to convince INS “stated salary will be paid upon GC approval”. In case employer is not willing to pay prevailing (and he/she is paying let's say 10% less) then it all depends upon INS employee who is looking at your file and generated RFE. I am more inclined to believe that they will reject 140 if you can't convince INS.
I assume your approved LC was with 130K salary.
I can't say for sure that a RFE will be issued or not in your case. And actually that should not be focus in this thread discussion. No one can predict.
Anyway, even if USCIS decide to issue an RFE in your case try to convince INS “stated salary will be paid upon GC approval”. In case employer is not willing to pay prevailing (and he/she is paying let's say 10% less) then it all depends upon INS employee who is looking at your file and generated RFE. I am more inclined to believe that they will reject 140 if you can't convince INS.
Last edited by a moderator:
charleydol
Registered Users (C)
Vacation was not paid in full
I took one month vacation. But my employer just paid me half month. There would be a half month salary gap between that in W-2 and that in I-140. Whether is there a problem?
Thanks
I took one month vacation. But my employer just paid me half month. There would be a half month salary gap between that in W-2 and that in I-140. Whether is there a problem?
Thanks
GC_GoneCase
Registered Users (C)
Charleydol,
I think unpaid vacation should NOT be an issue if it was for reasonable period. 2 weeks vacation should not matter.
I know many of my friends who have taken 1-2 months unpaid vacation but they got 140 approved ( Few of them have got GC as well).
One of my friend infact took 6 months vacation ( He went to India) but that was also no issue.
However, none of them was on bench. They took vacation showing reasons like trip to India, family reasons etc.
Infact, one of them got RFE on salary and he sent a letter from the company stating that he was never on bench and had taken leave to attend to his family affairs. His 140 was approved.
I think, the salary slip should show the calculation that sums up to the required salary e.g. rate multiplied by appox 2000 hrs.
I do not believe there is any law which prohibits unpaid vacation for valid reasons.
Still, you never know how the BCIS looks at unpaid vacation and what is a reasonable time or the reason in terms of BCIS.
I think unpaid vacation should NOT be an issue if it was for reasonable period. 2 weeks vacation should not matter.
I know many of my friends who have taken 1-2 months unpaid vacation but they got 140 approved ( Few of them have got GC as well).
One of my friend infact took 6 months vacation ( He went to India) but that was also no issue.
However, none of them was on bench. They took vacation showing reasons like trip to India, family reasons etc.
Infact, one of them got RFE on salary and he sent a letter from the company stating that he was never on bench and had taken leave to attend to his family affairs. His 140 was approved.
I think, the salary slip should show the calculation that sums up to the required salary e.g. rate multiplied by appox 2000 hrs.
I do not believe there is any law which prohibits unpaid vacation for valid reasons.
Still, you never know how the BCIS looks at unpaid vacation and what is a reasonable time or the reason in terms of BCIS.
charleydol
Registered Users (C)
Thank you. GC_GoneCase
GC_GoneCase
Thank you very much.
I have stayed in this company for more than 3 years. I didn't take any vacation before last month. Yet I didn't take full paid for the month.
There is no salary increase during the last 3 years,either.
I hope to get I-140 approved ASAP and leave this company.
GC_GoneCase
Thank you very much.
I have stayed in this company for more than 3 years. I didn't take any vacation before last month. Yet I didn't take full paid for the month.
There is no salary increase during the last 3 years,either.
I hope to get I-140 approved ASAP and leave this company.
GC_GoneCase
Registered Users (C)
Hi sn99
I wish you get out of this GC mess at the earliest. I am also caught in this mess with 140 pending for 6 months now. It is really pity that due to inefficiency of USCIS, we have to lose on so many things, including the career path and opportunities, for which so many of us came to this land.
Just for your FYI, I am in IT field.
I wish you get out of this GC mess at the earliest. I am also caught in this mess with 140 pending for 6 months now. It is really pity that due to inefficiency of USCIS, we have to lose on so many things, including the career path and opportunities, for which so many of us came to this land.
Just for your FYI, I am in IT field.