Urgent--patta Hara, Aks1234 ,marta And Other Gurus Please Respond

jsj123

Registered Users (C)
As you know I mentioned that my base is 5% LC. Now my company is making big deal out of it. My company and lawyers really suck because HR is the one who put the wrong figure at very first place . Anyway they are planning to fax the letter to Bombay embassy explaining that they acknowledge that my base salary is less than LC but my total comp > LC. I think they are doing that to save their back. I don\'t know if Bombay embassy could put flag on my case. If so what could be consequences if they think this is a problem as?? In my case they will be well aware of this issue before I go for interview. I am leaving next week and they are saying that I shouldn\'t go. Also if they consider this is a issue will they cancel my H1B visa??? Do you guys think am I taking too much risk??? PLEASE HELP
 
As I explained - do not worry at all

Hello there : As I explained, if the difference is less than 10% - do not worry at all. I am an example. My salary is 10% less than my LCA salary. They did not even asked a single question. Make sure that your financial position is strong (have some money in your bank).

If the difference is more that 10%, then get a letter from your employer saying that you will be getting $xxxxx.xx after getting the permanent residency.

Send me private if you want to discuss more or email me at aneetgc@yahoo.com
 
No Title

I believe you should be OK since your total compensation is > LC. If you go for AOS, your compensation would be scrutinized much more closely and the INS would insist on your base salary to be exactly as stated in your LC. The consulates are more relaxed in this sense.

Anyway, I think your company is trying to drag your GC processing and keep you that much longer. Good luck!
 
Can company dictate not to allow me to go for cp at the last stage???

Folks thanks for your input. Today I spoke with my immigration dept. head. She said that they have sent inquiry to Mumbai consulate.
She will only allow me to go forward if Mumbai consulate says it is fine. I don\'t have much time left so I asked her what if they don\'t reply and she said they will cancel my appointment and force me to go to Adjustment of status. So basically she is dictating what I have to do even if I want to go for CP. Please advice
 
Strange case

I have never heard of Employer sending inquiry to Consulate. It is always the otherway!.
Employers do not normally try to influence your choice of CP/AOS. It is in their best interest to get your GC processed so their US/Foreign worker ratio is balanced positively.

The only issue your Employer might have is that you will take time off and go for your CP that might make your work suffer.
You can take that time to go to Mumbai as vacation or Unpaid time if need be.

Technically Employer can screw up your case anytime they want during the processing. They are the Sponsors and can withdraw the petition and offer of employment anytime.
Your options are to reason with the HR manager and offer to go unpaid vacation if that makes tham happy.
 
No Title

I think that they are not playing a fair game with you. I really do not know what to suggest, since they have the upper hand.
 
No Title

Patta Hara ,
It is not about the vacation because my manager is really nice. He doesn\'t have any problem with it. Mine is a multinational company. Only problem is the bitch(My immigration head). What ever she thinks she presents as company policy. My manager really doesn\'t know much about immigration. Because it is her mistake when she gave wrong figure to my lawyer. Now she is trying to make herself clean by sending inquiry. She told me today she sent the inquiry to Bombay consulate and just waiting for reply. My tickets are booked for next week. I might delay for a week more to see by that time if Mumbai consulate replies which I doubted. If there is no reply I have to do AOS. Anyway I tried my best to convince her. That is all I could do.
 
Patta Hara

Legally your company can dictate your green card process. I already have a long discussion with one of the IIO here in MN and my attorney.

jsj123, you can do one more thing. If you have a good relation with your manager, ask him/her to go and talk to the attorney. Try to put as much pressure as possible on your attorney because they are always against CP. My attorney also told me not to go for CP.
 
Dont worry at all and go relaxed

I agree with Marta entirely, as they want to keep you in the company for long time by doing AOS. Same thing with me, planning to go for CP and they make issues ( hurdles ) in each way for GC.
What was the inquiry send to Mumbai Consulate? I think honestly dude, its only some hurdles they are makeing. Just tell them Mumbai Consulate is fine and if possible call the Consulate when in India to follow up if possible. If not, dont worry go and give your interview as you are in last stage and sincerly Go for it.

Hope this helped.
 
Hi Guys...i m in the same boat

but my company says they willl issue me a employement letter notorised . mentioning that my salary will be 25% higher when i will be on GC holder?
is it okay folks?///
 
JSJ

Go for CP,
99% you will get GC I dont even think they will calculate LC-pay/LC*100 etc etc, I mean realistically if they did that for every interview and all 30 documents corroborated dates of H1 etc etc, we would have 2 situations..
-CP interviews would take like 2 hrs each
-the CP pass percentage would drop to 30% and less people would go for CP.
- Have you seen any denied CP interviews on this forum?? I have not
chill out mon
vj
 
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