wage problem

X

xikou2002

Registered Users (C)
Experts, need ur help!

If I am earning (much) less than the wage as in the LC,
say, in LC this amount is 92k and I am carrying 74k.
The company is not willing to pay 92k upon GC approval
because this is a huge increase.

Anyone knows is it legal/possible to file I-140/485 without
asking the employer to pay 92k on GC approval? For example,
does INS accept that the company will pay be only 92k*90%
=83k ? I've heard paying just 90% of the salary as in LC is accepted by INS, is this true? If so, how about the chance of approval?

Thanks!
Ugent pls advise...
 
I've heard paying just 90% of the salary as in LC is accepted by INS, is this true?

Never heard anything like that. If you are getting salary well below (like in your case..) the approved LC salary, most probably you will get RFE regarding employer intent & ability to pay prevailing wages. Hire a good attorney and consult this throughly as it could be a problem
 
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The company must agree to pay the wage offered when t GC is approved. If they stated that they intend to do sowen they have no such intention they have committted immigration fraud.
 
Jim,

I also heard from a lawyer that with a good explanation letter,
paying just 90% is acceptable for INS. For example, here is the case:

For company A, assume it has the ability to pay;
For exployee B, his salary is 60k under the title "Software Engineer"; in his LC the title is "Senior Software Engineer"
with wage 75k. There is a big gap. Under normal yearly
increase B has no chance to get $75k upon GC is approved,
and assume A is not willing to pay 75k.
In stead, A is willing to pay 67k, say, and promote this guy
to a senior level upon GC approval.

Is this reasonable and acceptable to INS?
$75k is 50%-percentage wage of "Senior Software Engineer",
but at the time B is promoted, it is quite normal that
he just earn the 25%-percentage wage, i.e.,
about 90% of 75k.
 
jxc328

Check the following question and answer posted at "http://www.usvisanews.com/wedquest120402.html"
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Question: If I am earning much less than the wage listed on the labor certification, will this be a problem? The wage listed on the labor certification is 92K and I am earning 74K. The company is not willing to pay 92k upon GC approval because this is a huge increase. Can you tell me if it is legal/possible to file I- 140/485 without asking the employer to pay 92k on GC approval? For example, I have heard that paying just 90% of the salary as in LC is accepted by INS. Is this true? What are my chances of approval?

Answer:
That is a big problem. The discrepancy you are talking about is way too much. The current law does have a provision that states that the employer may pay 95% of the prevailing wage. Your question does not tell me anything about the prevailing wage. If the prevailing wage is 74k or lower, then the solution is simple: contact the DOL and let them know that you want to amend the salary downward.

Of course, I fear that what we are talking about is a situation where the prevailing wage is 92K. If that is the case, the reader will definitely encounter a problem at the I-140 stage. While it is true that the wage does not have to be paid until the petition is actually approved, there is a question as to whether the INS officer thinks that payment of the appropriate wage is likely. Now, if I were an INS officer, I might believe that someone with a salary of 88K will go up to 92K. However, I would have a hard time believing that a salary is really going to increase by almost 20K in a short amount of time. In a situation like this an I-140 denial is very likely.


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You are not suppose to be promoted, have to keep your title all the way through
 
Can we Apply for I-140 in two different INS offices

Hi
This question is thou not related to above questions But please help me....
A freind of mine works in IL and his company is in Washingto State..
When they were applying for GC, lawyer was not sure where to apply whether at Place of work or at Company's location..... Now his labor has cleared in both the states and the Question is can he apply for 140 in two different INS offices....
coz he want to take a chance, as I-140 is faster in one and slow in the other...suggestions are appreciated.....
 
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