What happens if I get a big pay hike?

B

brijesh

Registered Users (C)
What happens if I get a big wage hike?

Hi,

This a rare situation compared to what I have read on this forum. Any help is appreciated.

My labor is in process (RIR) in Chicago. While applying for labor, the salary mentioned was X and job title was 'Programmer Analyst'. Based on the my education and experience programmer analyst fits best even though I have more than 9 years of experience. (10 + 4 education + 9 experience).

Now I am about to get a pay hike (X + 15k). The salary after the hike may not fit the responsibilities and position of Programmer Analyst.

- Do I need to be worried about this?

- My HR said INS may check the company payroll and if they see the salary substantially higher than mentioned on the application, they may reject the labor. Is this possible?

- Does INS care if I am being paid more then mentioned on the application?.

- In case if I choose to defer the pay hike till my Labor is cleared would that work? Or I have to be on same salary until GC?

- Should we change title and description. Would we need to restart RIR process because of this?

Too many questions but any help will be appreciated.

Thanks,

B
 
Last edited by a moderator:
Some additional info

Application was in 1st week of October 2003. So it is still with Illinois SESA.
 
brijesh:

Enjoy your pay hike. It should not be an issue! Having lower pay is a bigger issue than higher pay!

DId your HR tell you why the sudden hike? Normally when you file LC, then DOL generally comes back to the company and forces the company to raise salaries of some underpaid GC candidates so as to meet market salary levels. This is probably what happened in your case since you have 9+ years work exp!
 
The pay hike was related to performance. :D

Nothing to do with GC process or DOL. The salary on the application is also more than prewailing wage minimum.
 
brijesh:

Congratulations on the performance related hike! This is natural as a part of career progression and should not be an issue!

Enjoy the hike...party this weekend!
 
similar sceario, slightly different

Hi,

I have a similar scenario. My Labor is already approved.
I140, EAD, AP are also approved. Only pending application is I485.
I485 was filed in May 2003 in Vermont.

Now, the scenario is as follows:
1. I am still at the same company that did my labor and I140. If I
get a pay hike (could be substantial too), does it in any way
threaten my I485 processing in terms of when an RFE comes
and they ask to show latest paystubs, or similar queries.

2. Suppose I take this hike and after a few months, while
the 485 is still pending, I use the portability law and take a
new job and quit this job at the company that did the Labor
and I140. In the new company, I have to take a pay-cut, because
this hike had been substantial and it cannot be easily matched
in another place. The new salary will be less than the hiked up
salary at the previous company, but still be equal to or around
the salary mentioned in the Labor Application. Will this be ok?

Please let me know the answer to both questions.

Thanks.
 
ksnm:

1. I am still at the same company that did my labor and I140. If I
get a pay hike (could be substantial too), does it in any way
threaten my I485 processing in terms of when an RFE comes
and they ask to show latest paystubs, or similar queries.

Answer: Should not be a problem!

-----------------------------------------------------------------------------------
2. Suppose I take this hike and after a few months, while
the 485 is still pending, I use the portability law and take a
new job and quit this job at the company that did the Labor
and I140. In the new company, I have to take a pay-cut, because
this hike had been substantial and it cannot be easily matched
in another place. The new salary will be less than the hiked up
salary at the previous company, but still be equal to or around
the salary mentioned in the Labor Application. Will this be ok?

Answer: As long as your salary is equal to or above LC mentioned salary you should be fine. There are some cases where salaries lower than LC salary by abuot 10-15% is also not a problem theses days due to the soft economy! But not sure why one would take up a job with a lower pay unless you are getting a more higher position!
 
Birju,

Answers for you:

- Do I need to be worried about this?

Aren't you already? :D

- My HR said INS may check the company payroll and if they see the salary substantially higher than mentioned on the application, they may reject the labor. Is this possible?

Yes. But did you ask what is substantially high? I have seen ppl gettin 30% more then specified on LC, getting RFE and coming out safely.

- Does INS care if I am being paid more then mentioned on the application?.

Yes ofcourse. They will ask for your salary slip very soon in 140/485.


- In case if I choose to defer the pay hike till my Labor is cleared would that work?


No


Or I have to be on same salary until GC?


Yes


- Should we change title and description. Would we need to restart RIR process because of this?


That will be very safe.

Want to play little adventure?

Do not worry - lawyer will take care of it. Try to find out under what DOT code was your LC filed? Then get the idea what is acceptable salary range for same. Most of the counties in IL have a very wide range of salary for any job - you are unlikely to cross that limit. If you cross level 2 on salary side - you should get LC filed again. If you are between level 1 and 2 - do not worry. Let lawyer take care of it. Meanwhile confirm it with your lawyer for good measure.

And lastly help me in getting your company, if hike is guaranteed.
 
I have a similar scenario. My Labor is already approved.
Congrats!!! :D
I140, EAD, AP are also approved.
Congrats again!!! :D When is party?

Only pending application is I485.
I485 was filed in May 2003 in Vermont.

Vermont - eh..,


Now, the scenario is as follows:
1. I am still at the same company that did my labor and I140. If I
get a pay hike (could be substantial too), does it in any way
threaten my I485 processing in terms of when an RFE comes
and they ask to show latest paystubs, or similar queries.


Can be. But RFE should be fairly easy.


2. Suppose I take this hike and after a few months, while
the 485 is still pending, I use the portability law and take a
new job and quit this job at the company that did the Labor
and I140. In the new company, I have to take a pay-cut, because
this hike had been substantial and it cannot be easily matched
in another place. The new salary will be less than the hiked up
salary at the previous company, but still be equal to or around
the salary mentioned in the Labor Application. Will this be ok?


If new salary matches with one on your LC - then nothing else matters.

Before you leave your company with higher salary - send me its address - I may like to try it. You can keep the other one...
 
jharkhandi:

I like your statement from above:

"Before you leave your company with higher salary - send me its address - I may like to try it. You can keep the other one..."
 
jharkhandi:

ITs all yours! I am happy where i am...just turned down 3 offers...people think i am gone nuts to turn down positions!
 
Thanks but original question is not answered:

What happens if I get a big wage hike?

Depends what share do I get - I may call you my long lost pal.
 
Guys,

Sorry for not replying soon.

Thanks a lot guys for all the information. It helps me ask some good questions to my lawyer.

Jharkhandi, the hike is not guaranteed but you can definitely try. I got a good raise after 4 years of slogging.

Thanks again.

Brijesh
 
3.5 years and no raise

guys, same case with me. No raise since 3 and half years. jharkhandi, kidhar rehta hai? party chahiye toh mere area mein rehta hoga toh milegi.
 
ksnm - Mumbai ka seth

Apun tere baju main rahta hai - kya? abhi apna bhi haal tere jaisa hai - koi hike nahin - isliye apun try mar rahela hai ki koi bindas party banaye. Chal tera haal theek hoyenga to phir party chelenga.

Waise tera EAD to aa gayela hai bidu - party hona mangta hai - kya?
 
It appears to me that jharkhandi and ksnm are both from aapli mumbai since they are conversing in bambaya hindi! Feels nice hearing after a long time!
 
kd1403 is sharp!!

kd, tu toh bahut sharp hai re. maine toh mushkil say koi words likha tha, still u recognized very correctly. Haan bhai haan, mai mumbai say hoon. :cool:

jharkhandi nay toh ekdum bombay hindi mein poora portal ko heela ke daala hai...
 
well not to divert from the main topic but for someone who is born-n-brought up in aapli mumbai for 25+ years like myself...it is easy to recognize the slang bambayya hindi!
 
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