Increase in Salary while waiting for GC!

[vmb7]

Hi there,

My situation, I am currently on a H1 with approved EAD/AP. Is it going to effect my GC in anyway if i take a pay hike? Please share your thoughts and experiences..

Thanks in advance,
vm

[pappu]

Originally Posted by vmb7

Hi there,

My situation, I am currently on a H1 with approved EAD/AP. Is it going to effect my GC in anyway if i take a pay hike? Please share your thoughts and experiences..

Thanks in advance,
vm

Some research will help get the answer.
Is there any USCIS memo or law that says pay hike cannot be taken during greencard process. Please quote the law . Do not quote lawyer interpretation. Get the actual memo or law to quote here.

If someone is making statement like ' you cannot take pay hike...' ask them to give example cases they have seen that were denied and they can be verified. It should include RFE and denial notice that clearly says application was denied because salary was more than specified in labor certification.

[ebizash]

Originally Posted by vmb7

Hi there,

My situation, I am currently on a H1 with approved EAD/AP. Is it going to effect my GC in anyway if i take a pay hike? Please share your thoughts and experiences..

Thanks in advance,
vm

There is no reason to not take the pay increase. My pay has gone up by more than 50% (due to job change) since Jan 2007 when my Perm was filed. When USCIS sent an RFE in 2009 for an EVL, the new employer simply stated in the EVL that the job complies with all terms and conditions in the original perm including paying at least the salary mentioned in PERM. The EVL didn't state that my salary in 2009 was about 40% higher than the PERM offered wage.

Hope this helps! By the way my old employer was Fortune 300 and new one Fortune 10, if that matters.

[gc_check]

Most folks who switch jobs after 180 days of AOS with EAD / AC21 - I would assume do so with a good hike in salary. Also most good companies do review the salary annually and you could get raise every year though the percentage varies depending on individual. I would assume there should NOT be any issue with salary raise. I would not think, a EB3 India applicant still getting the same salary when labor was filed back in 2002 or 2003 !!!! If you get raise, it is good and accept it.

[gk_2000]

Climb up and get extraordinary raise.. who knows, you could get qualified for EB1 because of it!

[skrish]

I agree that you should take the pay increase. my understanding is for AC21 detemining same or similar job classification, if the new pay is 40-50% more than the previous one, it 'may' raise some concerns. even there the DOL SOC code of the job has more weightage.

[pappu]

Originally Posted by skrish

I agree that you should take the pay increase. my understanding is for AC21 detemining same or similar job classification, if the new pay is 40-50% more than the previous one, it 'may' raise some concerns. even there the DOL SOC code of the job has more weightage.

Where is 40-50% written? Is there any memo for it? Any cases that were denied due to exceeding this %?

[a_yaja]

Originally Posted by pappu

Where is 40-50% written? Is there any memo for it? Any cases that were denied due to exceeding this %?

I agree with Pappu. There is no such rule. When my labor was filed and wage determination was made, it was 80% of what I was making. When it was time to file the I-140, the wage determination figure was about 70% of what I was making. When the I-140 was filed, my actual salary was submitted instead of what was in the labor certification.

There is no rule that says that you cannot make more money than what was determined during labor filing and that you cannot take pay increases.

[vmb7]

Thanks a lot guyz! Your responses are very helpful.

[Suva]

My GC was filed on 2004. Since then my salary is close to doubled. I don't think salary increase should be an issue at all.

[pappu]

Originally Posted by gfor_gc

Q4. The December 27, 2005 AC21 Memo states that a discrepancy between the wages of two jobs may be used to decide if the two positions are the same or similar, but the memo also states that a difference in the wages of the two jobs cannot be used as the sole basis for denial in adjustment of status portability cases. Can USCIS provide further explanation on how wages are used to determine whether two jobs are in the same or similar occupational classification?

A4. Section I, Question 3 from the December 27, 2005 AC21 Memo provides USCIS officers with the flexibility to consider a “substantial discrepancy” in the wages offered in two positions to assist them in deciding if the two jobs are in the same or a similar occupational classification. A “substantial discrepancy” in the wages of the two jobs may be a contributing factor in a denial when the evidence is considered in its totality. However, a USCIS officer should not deny a case solely because a second position pays more or less than the original.

Section 1, Question 5 from the December 27, 2005 AC21 Memo references a “difference” in the wages to inform both USCIS officers and the public that a difference in wages should not be used as the sole basis for a denial. This means there can be an allowance for normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations.

Yup. There you have it. IV worked hard on same and similar issue couple of years ago ( dig up old threads and you will see all efforts. Donor members from few years ago know more details) and urged USCIS to issue clarification. These were then written by USCIS on their website at that time.
But time and again people post such messages and get lot of misdirection from forum posts. Many on forums do not know the real answer and post their point of view. This point of view may be influenced by other forum posts, their HR, their lawyer, their friends or just their lack of information. Sometimes the incorrect facts get popularity on forums that scare people . In this case scare them from taking pay raises. Informed members must challenge such posters On forums to provide evidence when posting such critical answers that can affect someone's career.

[gc_on_demand]

Originally Posted by pappu

Some research will help get the answer.
Is there any USCIS memo or law that says pay hike cannot be taken during greencard process. Please quote the law . Do not quote lawyer interpretation. Get the actual memo or law to quote here.

If someone is making statement like ' you cannot take pay hike...' ask them to give example cases they have seen that were denied and they can be verified. It should include RFE and denial notice that clearly says application was denied because salary was more than specified in labor certification.

There is a minimum wage requirement for H1b and Green card not maximum wage.

I got raise many time in my career with same company , during my 4 H1b ext and GC USCIS never asked any question / RFE on why this person is getting more salay than minimum wage.

You should not get less than minimum wage but you can get more than minimum wage.

Let me make it clear though my job title remain same for GC and they made one time change in title before H1B ext and GC process start.

[psaxena]

I am so jealous of you guys . I got nothing like it .. Booohooooooo.. I wish I could have a concern like that...

[njverifier]

Originally Posted by gc_check

Most folks who switch jobs after 180 days of AOS with EAD / AC21 - I would assume do so with a good hike in salary. Also most good companies do review the salary annually and you could get raise every year though the percentage varies depending on individual. I would assume there should NOT be any issue with salary raise. I would not think, a EB3 India applicant still getting the same salary when labor was filed back in 2002 or 2003 !!!! If you get raise, it is good and accept it.

Especially salary hike in salary should not be a concern if you are changing jobs for porting... I am in this phase now. I am trying out my luck by leaving a Fortune 500 company to get myself ported. I know there will be a lot of hurdles but what is life without risks. Another thing is I am taking almost 50% hike in salary and transferring my H1.

[vmb7]

Thanks again for your responses! I will continue to hold the same position but will get a pay hike of about 30% of what I am making now. Hope that will not be a problem.