Tricky situation

S

Sickofslavery

New Member
Guys, I need your inputs on a tricky situation. I'd really appreciate any responses from you experts.

Mr. X files his 485 through company A, for which he has been working for the last 4 years. The salary promised on LC is much higher than what he is(and always been) paid. To simplify the things, lets say the promised salary was 100k and the salary being paid is 60k. The company and the company's lawyer says that the promised salary needs be paid only upon the approval of GC, as the proferred position commences only after the approval and maintains this is a non-issue.

After a year, Mr. X is no longer able to survive with the 60k he is getting(and also not convinced by his company's argument) and decides to take a new job at Company B with a similar position but with about 80k in salary(one step closer to the salary on LC, eh!). Another six months have passed and the poor guy's new job is in jeopardy and the layoffs are coming soon. Now the original sponsor A, steps forward and is willing to hire Mr.X again for the same 60k and with the same old argument about the future salary.

Be this hypothetical or real, what would you guys do in such a situation? What potential problems will our poor guy have to face before getting the approval?

-sickofslavery

P.S: The company A has every intention of employing Mr. X permanently upon the approval of GC and paying the promised 100k.
 
sICK of Slavery ~~~

Yes, Company A is only responsible to pay salary as advertised in LC after GC approval... you should take the opportunity with the same company and continue employment as they promise you your $ 100K on GC approval, Dude your one of those lucky ones to have company take you back after you left...

Thanks
 
dude2711725 is right, GC is for a future job, so the salary has to be paid after you get your GC.
 
Answer to your question depends on how one interprets the situation.

As long as Mr. X has not left the company A in the first instance, recieving $60 K or 33% lessthan specified in LC is answerable to any RFE.

But there is a question that was never answered previously. If Mr. X has left company A to join company B, assuming that Mr. X used EAD, then is Mr. X supposed to recieve salary in accordance to the LC? OR Is salary mentioned in LC is still for the future job? I wish to hear answer to this question from the attorneys Ms. Sheela Murthy and/or Mr. Rajiv Khanna. Long time back I generally asked this question, but could not find an answer.

If one finds answer to the above question, it does not matter whether Mr. X changes any number of companies or goes back to company A with previous salary.
 
Sickofslavery

if the new company lays you off. Do you have much of a choice?

I think this company X is being good to you that they still want to take you back. I know most of us don't have this kind of options open.
 
Re: Sickofslavery

Originally posted by WaitinginQ
if the new company lays you off. Do you have much of a choice?

I think this company X is being good to you that they still want to take you back. I know most of us don't have this kind of options open.
Click to expand...

True, there may not be many choices. But its not the question of choices, its the question of what is legal and what is not? What potential problems can one face in this particular situation?
 
I don't see any potential problem in this as long you have a valid EAD. In case of an RFE, you can always invoke AC21. If 60K vs. 100K worries you then you should know as others indicated 100K is for future and not now. What you make on H1 is what was required by your LCA and not LC.

Man, If I was you - I would rather pay my attorney a few extra bucks to make a stronger argument than being out of a paycheck.

:D
 
WaitinginQ,
Question regarding AC21 and LC / LCA.

If one uses AC21 and moves on to another company working on EAD, his/her H1 is no more valid. Even if the person goes back to the original sponsoring company, he/she cannot use H1. Am I right?

When INS learns that he/she has used AC21, with what salary info will INS compare?
I assume with LC for GC and not LCA for H1. If salary is compared with LC for GC, Please comment how can the GC be for the future job?
 
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