Spam : 485/Salary

[saching_usa]

Hi,
This is for a friend of mine.

His salary has declined from 80K ( specified in labor Cert) to 47K in last year (W2). He has never changed the job. Would it be fine if an RFE is generated. Company is ready to provide a letter stating that they are capable of paying him salary after GC, if a RFE is generated by INS.

I told him that Labor salary is for future employment purpose and current salary should be fine .. But I am not sure. To re-check what I told him I want to ask you guys.

Please advice !

Thanks
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Friends Wac - 02-144

 

[goodsaint]

Theoritically, GC job is for future. You don't even have to be in US, let alone working and getting salary equal or more than the figure mentioned in labor. But, tell this to INS...

Company is saying "they are capable for paying salary mentioned in Labor" -> If you were the judge, would you believe it?

If the company were capable, your friend did not have a W-2 with 47K figure on it.

 

[saching_usa]

I agree with you good_saint. He might /might not get 80K if his GC is approved. 80k and 47K - Big difference !

Say an RFE is generated : Is it better to continue the job with lower salary or Better find a new job ( using AC-21) with a salary of 75K -80K types.
Is it OK if AC-21 Salary is a little lower than Labor Cert. Salary.

Please pour in your ideas!

 

[AaAbLautChalein]

I am a regular visitor of this forum.

From my opinion: I believe its always better to be with the same employer even with a lower salary to avoid ac-21 complications.

experts like sillyman/140/ etc .. might give a better opinion

 

[pagero]

Salary on W-2

The amount mentioned on W-2 is the total amount earned in that FY. The W-2 does not mention about the unpaid leave availed in the year.
I think it is safe to mention that you were on unpaid leave for a while due to family/education matters. Ask if your company can vouch by this statement.
Always refer to an attorney for such intricate matters, no matter what they charge.