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

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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.
 
Dont worry

Hey,
  My salary was lower by 12k. Between labor and 485.
Mine was approved without any RFE. Dont worry.
You will be fine
 
Who\'s gonna check?

LC is done with Department of Labor and INS has nothing to do with them. If your company is in some kind of violation it will be Labor Laws violation and not Immigration Law.
 
Well, buddy, if they value your services they could to do that

You can also say that I-485 process will take a year or so, and so many things can change in a year... You will work so hard that they would want to give you a raise. You can also suggest that they can count all your benefits towards the total amount of pay (if you get any benefits). You can sign some kind of vaiwer.
Besides, if the new law allows you to change jobs after 180 days of I-485 filing, then looks like the whole issue of DOL\'s minimum wage becomes irrelevant.
Use your imagination! It\'s your life! Of course, you can always consult an experienced immigration attorney, that never hurts.
 
Seek another attorney\'s opinion...

Preferably Mr. Khanna, since he is helping us all by keeping this site alive!
 
485 is filing by you, not by your company.

Only thing you need is a letter from your employer. Best thing is consult your attorney and ask for - is it OK if the employer\'s letter mention the lower salary, in their letter, lower than the salary mentioned in LC? If the attorney accepts, take a letter with the present salary, from your employer and file the 485.

If the attorney say NO, then you can consider to file 485 without employer\'s letter and think seriously about AC21 provision. Instead of cancelling the whole process, it is better to take a reasonable risk. I wish you good luck.

Thanks,
New_Member
 
Employer doesnt need to mention your salary in the Employment letter while filing 485.

Its if-and-only-if INS issues a specific RFE for Salary Slips towards the end of the process that you have to provide salary slips. This
is just to check if you are still employed by the same employer and
not to cross-check with the salary mentioned in LC filing.
Anyway $10K/year is not a very big reduction that will concern INS/DOL

If you are so particular about the figure, add the $10K from your pocket for about 2-3 months($833/month) and ask your employer to cut payslip. Of course your employer needs to co-operate on this and you will pay double tax on the additional $833/month
 
I agreed on pay the difference from my pocket, but company didn\'t

agree. They feels it is against company financial policies.

I appreciate all your suggestions...
 
No Title

For what its worth...

I filed my 485 under similar circumstances. We did include 3 paystubs at that point which were at the "low" salary. We also included an employment letter but rather than state the specific salary amount the letter basically said the "offer as specified in the labor certification continues to be available. He is a valuable employee..blah blah blah"..

I too had/have my doubts and apprehensions..but having come this far in the process I decided to go ahead and take the risk. The reality is that the INS ought to be aware of the current economic downturn and not be overly rigid on salary requirements..only time will tell

All the best..
 
Very agree with you, Arun_parv

I did the same thing as you mentioned above. Just go ahead to file your case with employment letter first and worry about paystubs latter if RFE comes in town. I did not summit paystubs with I-485 but the employment letter to state the exact key words as Arun_parv\'s mentions.

Use these words as your format. I could not locate my employment letter; otherwise, I would send it to you.

Good luck to all of us
 
No Title

Unfortunately I don\'t have the final draft of the employment letter since my employer sent it to my lawyer directly.

However based on extracts from e-mail correspondence the following key points (..not literally listed as points in the letter!) were covered:

1. "XXX" joined our team in "Month, Year" as a "job title" and has been continously employed with us since then.
2. The position of "job title" continues to be available to "XXX" on a permanent full-time basis as described in the approved Labor certification.

If your company obliges it won\'t hurt to mention that you are a key contributor to the team/company\'s product line

If I remember I came across sample drafts on the internet..can\'t recollect the URL..did a search on Google!

Sorry I couldn\'t be of more help..
 
The last possibility is good for you.

My friend ends up with a rise when INS found her salary is lower than her skill. Don\'t worry, let your company worry for you. They won\'t lay off you because of than. But you need find a good way to persuad them to file 485 for you. Good luck.
 
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