URGENT: Salary for 2002 less than what was shown on Labor

R

RD2426

Registered Users (C)
Hello guys,
Due to slow business / economy my total salary for 2002 is about $20,000 less than what was shown on the Labor. Will that be a problem if I get an RFE. I filed my I-485 in June this year.

Did anyone with a similar scenario get approved? If yes, then what explanation did you give to the INS?

Any advice / comments will be much appreciated.
Thanks in advance.
 
Which Labour

Which labour are you talking about
your H1 labour or gc labour as if it is your h1 labour then it definetely is a problem but if the amount you are talking about is
your Gc Labour then it might not be such a big deal as this amount is the future amount promised by your employer when you get your GC
 
Sirisha, I was talking about the GC labor. I am not quit sure if H1 labor even matters for GC processing. Does it?? This is the first time I have hear / read that H1 labor could affect GC labor, like you said.

Anyways... I meant GC labor. My salary for 2002 is less than what was specified when LC for CG was filed. I read on couple of forums (including this one) that.... if salary is less that what was specified on the LC then it could be a problem if there's an RFE (while 485 is being processed) for W2, paystubs etc.

However, I haven't come across a very clear answer stating if really is a problem or not. Do you know anyone that has faced a similar situation and got approved without any problem??

Appreciate your response. Thanks.
 
Hey RD:

Its not clear why you are concerned since you have applied for 485 more than 180 days. If you have a genuine reason like vacation/trip to home country etc then I dont think it is any problem. Moreover less pay is a labour issue and your employer should be worried.

In case of rfe now, they may ask for emp letter / paystubs. I am also interested to know under what circumstances they ask for tax returns or w2 ?
 
Krishna,
From what I know and have read on these forums, they do ask W2 (when they ask for pay stubs) as well.
Shortage in salary was not entirely due to vacation. I was on bench for couple of months as well. So bench + vacation = -$20,000. I know it’s not my problem (so far the immigration laws are concerned) if my employer did not pay me on bench, but if the INS starts questioning the ability of my employer to pay my salary. Then any adverse conclusion by the INS affects me more than it does to my employer. Rite?
-

Also, What difference does it make if it has been more than 180 days. Besides the fact that I can now change my employer (which I don’t intend to). How does it give me any benefit to the situation I am in rite now?
 
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You are best off talking to a lawyer but as far as i know it should not be a major issue as it is a future employment offer and as long as you remain with the employer they usually donot ask for paystubs from what i have seen and heard but they sometimes ask for proof of employment(like a letter from employer
etc) but if you have changed your company they do ask for paystubs and scrutiny of your case could be more but in
my opinion you should be fine and you can aways argue your case by having your lawyer present at your side in case of an interview but i think you will be fine
good luck and best wishes
 
I was wondering if we can give tax returns instead of W2 since I cannot find last years W2. Also, how will you justify bench time if asked ?

I think it is an emp problem since they can have the ability to pay at the time of labour/140 but then in 2-3 years they can start making losses and not able to support you. Thats why if you are on a project now its ok. But if not, better find a new employer and hope for the best.

I mentioned 180 days so that you can change employer in case u r not on a project.
 
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