Wage should be pay by employer when we are on H1B ?

[clear485]

Hi Gurus,

I am so confusing with these "Wages" like preffered wage, prevailed wage etc.

I am waiting for my 485 approval (140 was approved), now I am getting the salary of 50K (Same it mentioned on my H1B LCA) since I joined with this company. The same company filed my GC.

But today I found in my LC(GC) they have mentioned that my salary is 76K. Could CIS ask this difference any stage in 485 ? I am still on H1B.

I have a question that why my employer should pay 76K now, since they mentioned they will pay for future employment ?

What if CIS sends RFE that employer is not paying preffered wage ? will they do that ?

one more question is my w2 will show only 45K out of 50K (the remaining amount has been not paid due to I was in vacation in US + my medicals(pre tax)+perdiem)... Can I do my pre tax amount to be taxable when I am going to file my W2 next year with out employers intention ?

Could you please clarify these things....
UN please post your thoughts !!!!


Thanks

 

[armie]

I have a question that why my employer should pay 76K now, since they mentioned they will pay for future employment ?

What if CIS sends RFE that employer is not paying preffered wage ? will they do that ?

one more question is my w2 will show only 45K out of 50K (the remaining amount has been not paid due to I was in vacation in US + my medicals(pre tax)+perdiem)... Can I do my pre tax amount to be taxable when I am going to file my W2 next year with out employers intention ?

If your LC indicates $76K and your W2 only shows $45k you might have some explaining to do at the time of I-140 adjudication with regard to company's ability to pay and if the future job is same as your current one(with $31k difference).

 

[clear485]

If your LC indicates $76K and your W2 only shows $45k you might have some explaining to do at the time of I-140 adjudication with regard to company's ability to pay and if the future job is same as your current one(with $31k difference).

One thing is my 140 has been approved. I am scaring becaz if they ask my paystubs in 485 stage, will it be a problem.

Second is, my job title is different (on H1B LCA --- Appl Programmer and on GC LC ----Software Engr....

Should I send explination or it won't be any problem since job desc are different....

 

[peterwang60]

clear485,

You don't need worry about your salary, I don't think any company pay GC applicant the required salary before they get their GC, if you talk to your attorney, they could tell you the required salary is the company will pay you once you get your GC, not right now. And the CIS will not bother to question on your current salary if it is not too lower.

The only thing they might question on your case is your job title, it should consist with your LC, but it's your attorney's responsibity to answer such question instead of you, I am assuming he/she prepared/filed LC for you.

 

[pralay]

You don't need worry about your salary, I don't think any company pay GC applicant the required salary before they get their GC, if you talk to your attorney, they could tell you the required salary is the company will pay you once you get your GC, not right now. And the CIS will not bother to question on your current salary if it is not too lower.

Though LC salary is for post-approval, but in general current salary is a good indication for "future" salary. If the difference is 10K or 15K I think that's fine. But if the difference is too much that can give leeway to adjucator for more scrutiny - especially for employer's ebility to pay etc. It's very uncommon in industry that one person's salary will increase 30+K after GC approval. That raises serious doubt about employer's ability to pay.