Urgent help

J

jxc328

Registered Users (C)
Urgent! experts pls help!

I am a software engineer in MA and my LC (thru RIR) approved in Sept 2002.
However my stupid company, lawyer (and me) made a big mistake
in my LC: the title is Senior Software Engineer ... The true fact is that actually I was a software engineer. Filing as a higher title
in RIR sounds a bad idea (the worst thing is that the lawyer
did not tell me this before it is filed to DOL (as a group)

The impact is huge: the salary requirement for Senior is about
$85k. My employer tends to refuse to offer such a salary if I file I-140/485 and hence my LC will be thrown away (I am carrying $69k). Is there any suggestion to save my LC?
i.e. a) Can the prevailing salary be lowered about 10% legally?
If so, will INS issue me an RFE?
b) Also, suppose if I get a RFE from INS, how long shld I respond, and how long the REF is "in effective"?
For example, if all the requirements are satisfied in RFE,
after 6 months I will change to work at a new company,
(just assume), will I be in trouble?

Thanks all for help!
 
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What is the salary that is mentioned in LC??. I believe its same as your current salary. If it was different, you would have got a RFE from DOL. You are approved for S/w Engg and and your role and salary is same as mentioned in the LC, you should be fine.
 
Thanks all for help!

Thanks all for help!

One question:
is it legal that the company pay just about 90% (say)
of the prevailing salary? if so, will INS issue me an RFE?

Also, suppose if I get a RFE from INS, how long shld I respond,
and how long the RFE is "in effective"?
For example, if all the requirements are satisfied in RFE,
after 6 months I will change to work at a new company,
(just assume), will I be in trouble?

jxc328
 
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They can pay you nothing until the green card arrive. But it definitely helps if you are close or already earn that amount.
 
Thank you tyzh!

I am still a little confused...
"They can pay you nothing until the green card arrive. But it definitely helps if you are close or already earn that amount." ---

What I understand is that the company shld pay
the prevailing wage (85k) WHEN I-485 is approved,
Before approval, the company can still pay me < 85k, right?
During the period between I485 is approved and the GC arrives,
they have to pay me 85k? OR they have to pay 85K
AFTER my GC arrives?

Thanks a lot!
 
Never read the legal document, so it's all my guess. Theoratically it's for future position that is due upon 485 approval and you have to keep it for a few month after that.

Of course, a poorly performed company promise a big sum to somebody that has no business with them, or guarantee double salary without any job changes defintely raise suspicions.

So to be safe, you should work for that company and earn close enough today. Unless of course, you hire a real good lawyer -- you can get away with anything, if they are really "good".
 
JXC328

You approved salary or what you make current will not be a problem at this time.

You might get a RFE when you file for your 140. Technically and legally you do not need to make the salary on the LC until your 485 is approved. Remember, GC is for a FUTURE job not the current job. Of course it helps if you are make above, same or close to the amount on the LC.
Technically you could be working in any part of the world right now and making nowhere close to the current prevailing wages of the US Market. All your company is doing is sponsoring you for a future job saying that they have a job of 'X' at a prevailing wage of 'Y' and they are ready to pay you 'Z' (LC amount).
Once your GC is approved based on the LC/140 legally your company is liable to pay you the amount thats on the LC b'coz thats what they promised to you and INS.

Hope that helps. I am not an attorney. Consult your immigration attorney to get the real legal spin on this.
 
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