Salary Requirements for I-140

N

nisa2004

Registered Users (C)
For my Labor certification, I mentioned 55K as my annual salary. but, now My 2003 W2 Form shows 38K.

My concern is
Q1. is 38K enough / sufficient to proceed for appying I-140 ? any idea what is the minimum required considerable salary ?

Q2. is the salary difference (Labor & W2) creates a problem for approving I-140 ?

I need some information about this. please advice.

Thank you,
Nisa.
 
For my Labor certification, I mentioned 55K as my annual salary.
----- YOU don’t mention salary on LC it is EMPLOYER who writes the salary on LC and that salary has to be paid AFTER I-485 approval or after you get GC
-- LC is for future job
---LCA is attached with H1B and you are supposed to be paid what is on LCA or more than on LCA when you are on H1 status

but, now My 2003 W2 Form shows 38K.
------ That should match your LCA and it has nothing to do with LC
My concern is
Q1. Is 38K enough / sufficient to proceed for applying I-140? Any idea what is the minimum required considerable salary?
----- YES, employer should file I-140 and should attach his company financial documents to prove that he is able to pay you the salary mentioned on LC after I-485 approval (better also file I-485, EAD, AP with I-140)

Q2. Is the salary difference (Labor & W2) creates a problem for approving I-140?

--- H1 status salary does not create any problems as GC is for future job but USCIS will check the employer ability to pay the salary written on LC if the employer is able to pay. they may ask employer company financial documents or bank statement or gross annual income proof, your attorney who is going to file I-140 knows what to attach with I-140 and what to write on cover letter and if you have more concerns you should discuss with the lawyer


** if employer is paying you less then LCA at this time it may create problems
 
Thank you for your immediate response. I was concerned becoz, my colleague got his I 140 denied for low salary on W2 form (25K). actually , do we need to submit W2 form at all for 140 or 485 ?
 
I am very glad I got this information. also I am just wondering, if the current I-140 gets denied, is it possible to apply for the Green card thru some other company ? may be from the beginning again ?
 
I am very glad I got this information. also I am just wondering, if the current I-140 gets denied, is it possible to apply for the Green card thru some other company ? may be from the beginning again?

----- YES, one can have more than one LC filed; any other company can also file LC, I-140 for you. GC is for future job after I-485 approval, filing second LC is good back up
 
Ginnu,

can you also pls tell me, if it is ok for both me and my husband to file for I-140, I-485 , EAD, AP separately ?
Or is there any law like, I 485/EAD/AP should be applied only one per family ?

I appreciate your opinions.

Thank you,
Nisa.
 
Can you also pls tell me, if it is ok for both me and my husband to file for I-140, I-485, EAD, AP separately?

--- That is OK if you have got LC approved you file I-140, I-485 (primary) EAD, AP and your husband can file derivative I-485, EAD, AP
And if your husband gets LC then files I-485, EAD AP you can file as derivative I-485, EAD, AP
*** if I am in your situation I will file one case as AOS or I-1485 and other case ( your or your spouse) I-140 with CP option so that you can see what comes first
Or is there any law like, I 485/EAD/AP should be applied only one per family ?
---- you both have different LC and different I-140, one is allowed to file two I-485 nothing illegal in that
 
thatz great. thank you very much for your clear explanation and prompt response.


Thanks again!

Nisa.
 
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