Urgent Salary Question - PLEASE HELP!!

alade ojo

Registered Users (C)
I am due to attend CP in London on December 20. However there appears to be a problem with the employement letter. I think the wage specified in the Labor Certification is higher (10K !!)than what I currently earn. Also it appears that the company is reluctant to give me this letter. But let\'s say they do, how do you guys think this will affect my case at the consulate. Any help is appreciated.
 
No Title

I often read that your salary must match your LC. I also read postings of other people that claimed that you should be OK if your salary is 5% less than your LC. Good luck!
 
No Title

LC salary is future salary.
It is possible that current salary is less. If the employment letter says future salary or refers to the approved LC and I140 (e.g. "as set forth by the approved Labor Certification and I140") it would be better.
You MUST get employment letter. This is the most important document.

Also, when you return to US with PR status, if your employer refuses to give you 10K raise, you can safely quit. If you do so, get documentation of their refusal.
 
You are taking on some risk if current salary < LC

Besides the base salary, do you have a bonus or other payouts that you can claim as compensation ?

I don\'t mean to alarm you, but I was in a similar situation, and my corporate lawyers strongly advised me against a CP. Only after reviewing my total compensation(base + bonus etc.) they agreed to process the CP route and give an employment letter etc.

The perceived credibility of your employers is also a factor, if the consulate knows the name etc. that could help you too.

I would talk to employers, explain the situation and try to get a letter which states that your &quot;total compensation&quot; is more than LC..
 
140WithVSC

Could you please post the format / template of your employment letter? How did you satisfy the LC requirement? Did it mention a number (sum of all compensation) that was greater than the LC salaray, or did it have a statement like &quot;... will be paid as per the terms of LC...&quot;?

Also, did this issue come up in the interview?
Thanks for your help.
 
No Title

Dont give a jack about salary. i bet on this no body will face a problem if current
 
Alade Ojo & Samind

Alade Ojo: do post your experience after the interview, and good luck!

Samind: as always, thanks for the reassurance. Just wondering if it was based on personal experience or that of friends / colleagues? Also, what would you consider to be a safe variance from the amount on LC? 5%? 10%? (I am assuming that if LC = $70K and salary = $68K, it is fine, but if salary = $35K, it can be a problem.) Any idea what that threshold might be? - thanks again.
 
No Title

As long as you get the minimum salary requirements set by INS for the work visa holders, you should not face any problme. your lc was stating 100k and you are recieving 36k now, as long as you meet this req you should not have any problem. i have got lot of examples went before my eyes for cp where they have these issues and no body ever faced a problem. the only thing which i can tell you is as long as you meet the minimum salary requirement you should be fine. dont worry about the % changes in salary. you will be fine.
 
No Title

Alade,

Congratulations! You did not finish explaining your experience in London for CP. You stopped after you got to the Doctor\'s office in London. I have a CP in London sometime next year. I will be sending my Packet 3 to london next week. Would you please explain into detail the following:

1. The process at the Doctor\'s in London
2. How did you get PCC from Nigeria(was it through Nigeria Consulate in New york or directly from Nigeria?
3. What is the Notarized affidavit of Support for your wife?
4. What is the 90003 form for?

I will appreciate it so much if you can furnish me with these details.

Thanks.

Once again, congratualtions.

Yinka
 
No Title

Alade,

Congratulations! You did not finish explaining your experience in London for CP. You stopped after you got to the Doctor\'s office in London. I have a CP in London sometime next year. I will be sending my Packet 3 to london next week. Would you please explain into detail the following:

1. The process at the Doctor\'s in London
2. How did you get PCC from Nigeria(was it through Nigeria Consulate in New york or directly from Nigeria?
3. What is the Notarized affidavit of Support for your wife?
4. What is the 90003 form for?

I will appreciate it so much if you can furnish me with these details.

Thanks.

Once again, congratualtions.
 
No Title

Here is the rest of the story. I didn\'t realize it got cut off.

After gathering the documents in the waiting room (which was very nice with a roaring log fire!) we went downstairs, gave the documents to the nurse with the 125 pounds examination fee per person, sat down and waited. The time was only 10a.m at which point they were still dealing with people (whose last name start from A-K) who came first to do their medicals. After about 45 mintues we were called, they did the blood test. Then we returned back to sit down. After another 15 minutes we were called, they took our X-Ray, then followed with the medical examination. This only took 10 minutes. I did not have to take any vaccinations as I have already taken all vaccinations at some point in the past. My wife did – 20 pounds for tetanus. We sat down again and after another 20 minutes, we were handed our results (which were sealed) and X-Rays. They advised us to go back to the consulate to hand them the result and take the X-Rays with us in our hand luggage to give to the officer at the Port of Entry in the US. We had enough time to grab coffee but make sure you get back to the embassy by 12 – if you return much later you may not receive your visa that day.

Back at the consulate, we gave them the results, and I was given a slip to go and pay the Visa fee ($65). After paying we sat down, after about 25 minutes, they started calling names, there was probably 10 main applicants that day. We were called, they handed me and my wife our visas, telling us to check the information was all correct and the H1 visa in our passport was cancelled.

That was it – we left the embassy with a happy sigh of relief at 1.15pm.

The whole experience was extremely smooth. The consulate staff were very helpful and friendly. We are still in London and plan to return over the weekend. I will post the POE experience after our entry. Thanks once again to you all.

POE Experience

Myself and my wife entered via JFK today (12/23/2001). Overall it was a piece of cake. Although we had to wait for sometime as there were several people that were being processed for one thing or the other.
They took our finger prints, stamped our passports with temporary Green Cards and we signed the i551 form (I think they will complete it themselves)

Now answer to your questions.

1. The story explains the process at the Doctor\'s Office
2. The police Certificate from Nigeria, You have to get it from Alagbon in Lagos. Get someone you know to send you the police certificate application form. This form is basically for doing finger prints. Do the finger prints here, then send it back to Nigeria, Off course get someone you know to sort it out (You know what I mean). My parents helped get mine for me.

3.The notarized affidavit of support is the i134 form. The consulate will send this to you in Packet 4. This can also be downloaded from the web (I think www.immihelp.com has it).

4 Form 9003 is the tax form you complete to affirm that you paid tax in the last tax year. This will be included in Packet 4.

I hope this helps. If you need any other help, please let me know.
 
I am in the same problem now....

Hi Guys,
I am also in the same problem now. Lawyer is not willing to send the pkt3 to Consulate unless he gets a letter from HR that stating that they are going to give the salary stated in LC after coming back from CP Interview. And the employer is not willing to give that hike because of the economic conditions. Lawyer is advising to go for AOS now by filing I-485 now. But I am hesitating because it is going to take another 4 months extra to get back my I-140 from NVC/Consulate to INS. Anybody, please give advise, what should I do.
 
No Title

Alade,

Thanks for sharing your experience and congrats once again. Do you think Nigeria Consulate may help as per the PCC from Nigeria? The Police Dept. here in the US will do fingerprints without seeing some form of proof that I need it for real. Is getting the form directly from Nigeria my only option?

Also, what documents do US consulate in London request for on Packet 4?
If you don\'t mind, please send me your email address so that we can communicate.

Thanks and happy new year!
 
No Title

To the successful CPers from LONDON--does anyone know what documents US consulate in London request for on Packet 4?

Thanks in advance for your response.
 
Salary reduction after I-140 approved - kindly advise

Hello, I have read a number of posts on this discussion board regarding salary changes. I am now joining this group and need help in answering these questions. I really appreciate any help regarding these questions

Here is the situation:

1) My I-140 has just been approved and I am ready to move the the next step (Adjustment of Status)
2) I have just been informed that my salary will be reduced by nearly 22% due to various reasons.This means that the salary at the time of labor cert was higher than this reduced salary.
3) On a side note, an H1-B extension has been filed under the old (higher) salary.

Questions:

1) Do I need to amend the Labor Cert for the green card process and get back in the never ending queue...I\'m hoping this will be a NO.
2) Where can I find out the Prevailing wage for specific job titles? My lawyer and HR are busy playing games and I cannot trust them. Therefore, the need to do the research on my own.
3) Are there any other ways to handle this case? From what I have read on this site, most of you say this -- the LC is for a future job so as long as I can get a letter from my employer stating that they will pay me the original LC mentioned salary after my green card is over , it should be fine. Is this correct?
4) Do I need to amend the H1-B extension application with this reduced salary? I think this obviously has to be done.

Any help will be greatly appreciated.
 
"Minimum annual salary"

Hi Samind,

If you dont mind can you clarify what do you mean by &quot;Minimum annual salary&quot; because my Employment Verification Letter from my company says &quot;THis is to confirm **** *** Memeber of **** *** at a Minimum annual salary of **** is a continuing offer&quot;

I am worried about the &quot;Minimum annual salary&quot; word in the letter, will it effect my chances of getting GC. Please advice if so I will
wait till I get a hike and will cancel my present interview.

Thanks a lot,
 
Guys, I am in the same boat too. OUr company has reduced our salary by 10%

across the board due to current economic conditions. This makes mmy salary about 7-8 k less than the one stated in the LC. I am doing CP and my I-140 is due anytime now. I saw Samind\'s posts saying this is absolutely not an issue.
My question to Samind(and others) is: if the employment letter states the current salary then won\'t the consulate see a discrepancy when they compare it with LC ? To avoid any problems should the letter also state that the company would be paying the futiure salary ?

thx for your repsonse
 
No Title

See my CP success story that I posted in December(I think Dec 20 or )The documents required are listed there
 
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