Your experience and guidance would benefit me immensely!! Help!!

K

kumar12345

Registered Users (C)
Your experience and guidance would benefit me immensely.

I have my consular processing date on May 20th. In order to appear for this interview I had to contact my attorney to get employment letter.

The attorney is refusing to give me the letter saying that I am not
eligible at this point of time to appear for consular processing as my current prevailing wage is not meeting the wage determined during the labor certification.

I have also been told that this interview will be cancelled in a short time from now.

How should I approach this situation?

Please Help

Thanks:confused:
 
Originally posted by kumar12345
Your experience and guidance would benefit me immensely.

I have my consular processing date on May 20th. In order to appear for this interview I had to contact my attorney to get employment letter.

The attorney is refusing to give me the letter saying that I am not
eligible at this point of time to appear for consular processing as my current prevailing wage is not meeting the wage determined during the labor certification.

I have also been told that this interview will be cancelled in a short time from now.

How should I approach this situation?

Please Help

Thanks:confused:
Click to expand...


Kumar,
May be it is just my doubt?? What is your company/employer saying?? They are the one who are supposed to give the employment letter for you. Right??
May be you can convince your attorney by showing this website where you may find similar people who were succeeded in interview in the past.

May be it is right or wrong. I am just throwing some ideas which comes into my mind.

Regds,
Sam.
 
Kumar,
I am faced with similar problem.
In my case, I just received I140 approval and my CP next step is on hold due to salary issue.
 
kumar12345 ,

Carrying of the Employment Verification Letter issued by the
employer is mandatory.

There is absolutely no problem even if the salary you are
currently drawing is less than the salary mentioned in the
LC.

Convince your attorney on this point. More importantly convince
your employer about this. There are lots of posts in the forums
confirming this.

The salary mentioned in the LC is the figure payable once you
get your Immigrant status. If the employer gives your a notorized letter stating that, then it is OK.

It is sad, if you do not attend the CP interview because of this
reason!!

Good Luck.
Raju
 
Your current salary has nothing to do with immigration. You are sponsored for an immigrant visa and if you get one, the company agrees to hire you at a future date for a salary specified in the labor certification documents. For all purposes one could be working in India on another job while waiting for CP processing. That said, I am sure you could try to talk to your employer to agree to say that on your receiving a green card you will be employed at a xyz salary. You can look up immihelp.com for some sample letters.
Good luck with your CP.
 
You have to tell your lawyer

not to take any foolish steps writing INS to cancel interview. One thing is clear GC is for future employment it doesn't matter your salary is less than current, as long as your employer is willing to continue your employment.

As my experience I have seen before many people got GC's with the same problem.
 
My 2 Cents!!

As many people has mentioned in this thread I would reiterate that GC (either thro' CP/AOS) is for *FUTURE* employment.

As long as your company is ready to give you a letter stating that you would hired on a permanent position once you receive your GC and pay you according to the wages mentioned in the Labor application. This wages would *INCLUDE* all benefits. So, the actual salary could be less. For eg:

My annual wages: $50,000 (the amount reflected in the pay slip)
My Medical & Other insurance benefits: $7,500
Annual Bonus: $5,000
Other benefits: $15,000.

So technically my salary including benefits would be $77,500/- which could be the one in LCA. Your company need not give any breakup of your salary/wages. All they'll have to say is that you would be employed for the wages specified in the LCA.

US Consulate, normally doesn't emphasize on the match between the current salary and the future salary and the salary specified on the LCA. So don't worry.

Personally, if I were you, I would feel bad to withholding the CP at this point. Your attorney shouldn't really be of big concern at this point as long as you are able to convince your employeer in giving out the letter. Then let the lawyer know that you understand the risks and that you are willing to take a chance.

Hope this helps.

Cheers,
Ganesh.
 
Is bonus part of salary?

Hey Ganesh,

Thanks for your reply. My attorney states that the wage mentioned on the labor cert is the basic salary excluding the bonus (as bonus is not a sure shot amount). also it does not include any medical benefits etc. Your reply baffles nme further. In my case most of my benfits are my options and bonus, which included Iam above the salary requirement of labor cert comforatably.

Are you sure that there is a rule which states that the salary determined by Labor department is not base but including benefits ....please advise.

Thanks
 
Re: Is bonus part of salary?

Originally posted by kumar12345
Hey Ganesh,

Thanks for your reply. My attorney states that the wage mentioned on the labor cert is the basic salary excluding the bonus (as bonus is not a sure shot amount). also it does not include any medical benefits etc. Your reply baffles nme further.

I am sorry. I had talked to my lawyer now. She also said that what is said in the LCA is minimum wages. She said that it cannot include medical and other mandatory benefits mandated by law. She said that companies are expected to provide the minimum compensation and this include other benefits like pre-paid bonus and other fringe benefits. She didn't go into details of what "other benefits" mean. But she said the employement letter should clearly say that "..... and his annual wages including all benefits is {$$ amount >= $$ amount mentioned in LCA}".

Also I remember my lawyer casually mentioning in one of her earlier conversation that INS is not too strict about the wages these days due to the current economic trend. They make sure that the wages are above the state minimum stipulated for the kind of job.


In my case most of my benfits are my options and bonus, which included Iam above the salary requirement of labor cert comforatably.

From what my lawyer had said, I believe all you need is a letter stating from you employer indicating that your salary including all benefits would be $xx,xxx/- as per the labour certification


Are you sure that there is a rule which states that the salary determined by Labor department is not base but including benefits ....please advise.

I not sure about the law as such and of course mine would not count as a legal opinion.


Thanks
Click to expand...

Again, my case is somewhat similar to yours. My lawyer mentioned that a GC is only for a *FUTURE* employement and as long as the company is ready to hire me at the salary specified in the LCA it should be fine. Once when I join the company, according to company law, technically they could revise my wages any time. So in effect, they could revise my salarly even during the first month.....

Bottomline, if I were you, I would try to get a letter from my employeer mentioning that I would employed once when I get my immigration visa and the salary would be $xx,xxx/-.

If your company wants to be politically correct, they could add a sentence after the salary figure " and his compensations would be reviewed on a regular basis and as per the business needs"

Hope this helps. Sorry for any confusions.

Cheers,
Ganesh.
 
Thanks ganesh.......

I really appreciate you following up with your attorney. Situation has worsened for me further with the attorney saying that she is sending cancelling my interview request to Madras.

Thanks Once again for your help
 
Re: Thanks ganesh.......

Originally posted by kumar12345
I really appreciate you following up with your attorney. Situation has worsened for me further with the attorney saying that she is sending cancelling my interview request to Madras.

Thanks Once again for your help
Click to expand...

I am really sorry to hear that buddy... but on the brighter side, you could apply I-485 and get your EAD with 2/3 months...

Wishing you the very best.

Cheers,
Ganesh.
 
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