Salary and 485 approval

[pd_recapturing]

I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

[Munshi75]

if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

[venky_handsy]

you are fine. if you are on vacation for x number of hours...that is fine.
they will see per month salary ..or per hour salary matches your labor wages...be kool.

[reddy77]

Originally Posted by pd_recapturing

I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...

[krustycat]

Originally Posted by pd_recapturing

I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.

1. the company's net income is equal to or greater than the wage that is offered
2. the company's current net assets are equal to or greater than the offered wage
3. the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage

Point #3 will fail, then your company must prove #1 or #2 in order to be approved.

#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities

[krustycat]

Originally Posted by Munshi75

if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.

[santb1975]

I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney

[pd_recapturing]

How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.

[cool_guy_onnet1]

Originally Posted by pd_recapturing

How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.

I MAY switch my job and this is an emergency.
Please pardon the relevancy.
Thanks

[krustycat]

Originally Posted by cool_guy_onnet1

Anyone Know How To Start New Thread?

Use New Thread button
http://immigrationvoice.org/forum/ne...=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.

Originally Posted by pd_recapturing

How does USCIS know about salary ?

They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

485 non-concurrent check list:

1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc…) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen’s Income Tax returns along with W-2’s for the period after I-140 was approved;
8. Alien beneficiary’s Income Tax returns along with W-2’s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant

Originally Posted by pd_recapturing

IRS also send the w2 information to USCIS?

No.

Originally Posted by pd_recapturing

whats the criteria of judging the salary? Is it w-2 or pay stub ?

Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.