urgent question about wage

J

jxc328

Registered Users (C)
Hi gurus one urgent question, pls advice...

The wage in my approved LC is $85k but this is much higher than my current salary so my employer is not willing to pay this $$
upon GC approval. My questions are:

a) Is this OK that my empoyer send an explanation letter along with I485 filing, stating they will pay me 90% of the salary
(85k * 90% = 76.5k)? Will INS accept this?

b) At which stage INS will check the salary issue,
I-140 or I-485?

c) If I file I-140 and I-485 concurrently and assume after 180 days
I join a new company with a similar job.
i) Must I file a new I-140 (Assume the previous I-140 is pending)

Thanks for concern!
 
i spoke to one of the attys at murphy and she told me that there is no clear law about the salary in AC21. The most important thing is they are willing to hire you as a permanent / regular employee after the gc approval.
 
jxc328

Your questions are not clear. Why would a company file LC with 85K salary knowing that it can pay only 90% salary, unless you are talking about two companies here.

Assuming what you meant is that the LC was filed by previous employer but the new employer will hire after getting GC, then the salary thing won't be such a big deal as long as your new employer agrees to pay as much as close to the one in LC (90% should be perfectly OK) but the job duties should remain the same.

You did not tell the forum clearly at what stage you are in. If you have already crossed the I-140 stage and filed I-485, you don't need to file new I-140 at all. You just need to take the new employer letter with job duties and salary with you for the final I-485 interview, if your case gets transferred to local INS office.

I have never seen anyone filing a new I-140 peititon keeping the salary issue in mind.
 
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