Very Urgent Help Needed!!! Need to file I-485 with lower wage

G

gcInc

Registered Users (C)
I need to file my I-485 application. My salary mentioned
in Labor certificate is higher than what I am getting right
now by a difference of $10k.

So, My company is hesitating to file I-485 because of:

1) Lower salary
2) any legal action from INS
3) They have to pay higher salary in future
  (which might not happen because of current market/economy)

Please advise.
 
Do worry...Just file it first

I am in the same situation as you are now, but I decide to file it and worry about it till you get RFE from INS.
 
Check with a lawyer. I think you have a problem if you get paid lower than what is mentioned on the

 
 
My company is hesitating to file beacuse

of above issues mentioned in first mail.

Please suggest how can I convice my company?
 
Theoretically it should be OK

The LAbor Certification as well as I-140 is for FUTURE JOB only. All your company has to do right now is to confirm that this position will be availble for your when you get your permanent residency. So, theoretically, you should be OK, besides, the difference is not so huge. Based on the messages from other members of this board it looks like INS is only concerned that you are actually working for your current employer and they are not concerned about the difference in pay. Please, anybody, correct me if I am wrong.
 
I agree with maroussia - Regarding Convincing your employer -

Explain them the situation that maroussia just mentioned and see if they do it. Else, you can add some clauses saying that they will give a "gross pay and benefits" amounting to XXXXX dollars. Then they can just say that they trained you for a couple of weeks on Oracle or something and it costed them YYYY dollars. Now your Salary + YYYY = XXXXX. (Training is very costly. 2 Weeks of corporate training is a bid deal - From the company perspective, they are losing 15 days of salary for a person and they are losing 15 days of output from you and on top of that they have to pay for your training - It is a triple fold loss until you earn the revenue for them)

Basic idea is - you are wording your letter to leave some room for adjustments. I think you got the idea.
 
Just my thoughts

My thoughts are as good as a lay man\'s and not to be construed as Leagal advice.

I wish soem one contradicts me but for now I beg to differ with maroussia\'s viewpoint. I saw this somewhere

Before employers may hire a foreign worker through the Alien Labor Certification (ALC) program, an application for certification must be filed. The United States Secretary of Labor must certify that:

There are not sufficient United States workers who are able, willing, qualified, and available for employment; and

The employment of the alien will not adversely affect the wages and working conditions of United States workers similarly employed.

The ALC Unit assigns a priority date to the application and makes a determination of the prevailing wage for the occupation in the area of intended employment.

Now the second clause is real pain in the throat. I dont know what to say.Perhaps the ALC unit has new prevailing wage data which matches our new dismal salaries (if any).
 
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