Unique Problem. Salary more than that on Labor

tony_GC

Registered Users (C)
Hi Folks,

A RFE has been raised on my I-140 about company financials. My company has been asked to submit company Tax returns for year 2003. I have been asked to submit my Tax returns for the year 2003 and my salary stubs for the year 2004.

My problem is that my actual salary is almost double than that on my labor application. Is that an issue for my I-140 approval?

My company has been paying me on time and I have no gap in employment. I have worked for this company for almost 3.5 years now.

Thanks for any feedback.

EB2 - RIR ND 07/29/2003 - VSC
RFE date 05/05/2004
 
Generally this is OK...

I have seen in many posts here that about 40% more salary is also OK. Though there might be a logical question that whether the job advertised in labor is the same as this person is holding, however with job description same as that in Labor you should prevail.

But I am not sure since the salary difference is very high. Why is the first place you filed labor with half salary ? Was it a substitute labor ?

Search the forum for related posts. I am sure I have seen many posts on salary differences on higher side.

will_get_there
 
tony_GC said:
Hi Folks,

A RFE has been raised on my I-140 about company financials. My company has been asked to submit company Tax returns for year 2003. I have been asked to submit my Tax returns for the year 2003 and my salary stubs for the year 2004.

My problem is that my actual salary is almost double than that on my labor application. Is that an issue for my I-140 approval?

My company has been paying me on time and I have no gap in employment. I have worked for this company for almost 3.5 years now.

Thanks for any feedback.

EB2 - RIR ND 07/29/2003 - VSC
RFE date 05/05/2004

The only way to avoid the problem is by mailing me the excess salary!
 
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