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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-25-2007, 09:32 AM
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Priority Date
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Apr-06
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EB3
I140 Mailed Date
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India
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priya is on a distinguished road
Default Need a clarification regarding salary hike

Dear Friends

I need a clarification.I am going to file my I 485 with approved I 140.I have got salary hike once in year with the same position and same duty as in my labour and whether this will affect my 485.Should the salary be the constant one which is equal to the prevailing wages or it can be much more greater than the one while starting the GC process.
Your advice is highly appreciated.
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  #2 (permalink)  
Old 07-25-2007, 09:36 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
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I-485
I485 Mailed Date
:
06/01/2007
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I need clarification too, my salary is way above LC rate
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  #3 (permalink)  
Old 07-25-2007, 09:54 AM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
04/19/2006
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
07/24/2007
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vinnysuru is on a distinguished road
Default Salary Hike is no problem!!

I am in the same boat. Salary higher than prevailing wage is no problem. Salary hike since LC is a little tricky. My lawyer had my employer provide the update salary figures in the employer letter. My understand is if there was a drastic increase beyond regular 2-3% cost of living raise per yer since LC. USCIS may issue RFE asking for explanation, because it raises suspicion, that a person may have taken a promotion or added job responsibilities since labor and not included that in the labor application.

Hope that helps.
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  #4 (permalink)  
Old 07-25-2007, 10:09 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
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:
Colombia
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:
I-485
I485 Mailed Date
:
06/01/2007
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I dont understand, I guess I will talk to my lawyer when the moment is right.
My LC lists an hourly rate. I work more than 40 hours a week. I get salary, but that salary includes "overtime". I work like 50-52 hours every week. So how do I calculate my hourly rate?
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  #5 (permalink)  
Old 07-25-2007, 10:43 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
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bump up
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  #6 (permalink)  
Old 07-25-2007, 10:47 AM
Senior Member
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/19/2007
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Join Date: Apr 2007
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4-5 % increase should be ok. if the increase is 50% it will cause a problem. Also please check with a lawyer.

-M
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  #7 (permalink)  
Old 07-25-2007, 10:52 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
Posts: 143
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Quote:
Originally Posted by mrdelhiite
4-5 % increase should be ok. if the increase is 50% it will cause a problem. Also please check with a lawyer.

-M
I just dont get the thing, because in IT is not like a being a cook or a gardener, I dont get paid by hour. I get a salary. It includes 50-52 hrs a week, plus overtime, plus like a little money to pay tolls and parking when we have meetings etc. I mean, it is hard to calculate because as I said my lc is an hourly rate, and if it is for future job, are they going to believe I will stay withe the company if the would pay me less in the future ? I dont think so.
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  #8 (permalink)  
Old 07-25-2007, 11:27 AM
Senior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/01/2007
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Default

heres the thing.. if ur lc was restrictive like listing out exact duties and qualifications then changes are an issue.

however, if ur ad was generic and included supervision of lower level staff etc u should be fine...because mostly 50% of ur duties remain the same. plus for people who say that it should be for a future job... there is no way u will know how u will progress in 5 years and i know for a fact u cannot use experience and credentials gained in the job for a LC. it has to be when u started with the company.
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  #9 (permalink)  
Old 07-25-2007, 11:37 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Jun 2007
Posts: 143
techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice
Default

my lc was what it was when i applied for it almost 4 years ago.. I mean... in 4 years I already have at least 4 more years of experience!!! so.... do they really explect a hike of 2% per year, those are cents... I was making more money that the lc says when they hired me!
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  #10 (permalink)  
Old 07-25-2007, 11:41 AM
Senior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Jul 2007
Posts: 259
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Default Salary higher than LC ...not a problem

Quote:
Originally Posted by techbuyer77
I just dont get the thing, because in IT is not like a being a cook or a gardener, I dont get paid by hour. I get a salary. It includes 50-52 hrs a week, plus overtime, plus like a little money to pay tolls and parking when we have meetings etc. I mean, it is hard to calculate because as I said my lc is an hourly rate, and if it is for future job, are they going to believe I will stay withe the company if the would pay me less in the future ? I dont think so.

Here is the thing, salary is different than expenses.

I travel a lot, and have billable expenses those expenses are not taxed because there are expenese are not part of salary. This includes parking , food, dryclean etc when i am on travel.

About salary higher than LC is no problem at all. The reason being you have higher skills than mentioned in your LC , how come this is a problem.
Now if someone is being paid less than prevaling ware, then there are issues since it might be understood as creative technique of getting a GC.
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Disclaimer: I am not a lawyer , please seek a professional lawyers opinion.

** Contributed $200 & Pledged for $100 every month **
- 485 receipt received : Sept 17th
-EAD - Card production ordered - Sept 24th
-485: NSC - Mailed july 25th. Received jul 26
-140: TSC - Approved Jul/aug 07
-Labor: TSC - June 06
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  #11 (permalink)  
Old 07-25-2007, 11:42 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 143
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thanks
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  #12 (permalink)  
Old 07-25-2007, 11:44 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 143
techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice
Default

I will ask my lawyer if they need to break it down, given that I do put more than 50 hrs a week, by law i should be getting overtime. So that way they can calculate my hourly rate
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  #13 (permalink)  
Old 07-25-2007, 12:18 PM
Junior Member
Priority Date
:
Apr-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 6
priya is on a distinguished road
Default

Thanks for your points.Mine is about 25% more than the prevailing wages mentioned 2 years before.So from your views it shows that I need not worry about it.
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  #14 (permalink)  
Old 07-25-2007, 12:45 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/17/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2007
Posts: 265
delhirocks will become famous soon enough
Default

I don't get it, why didn't your company put down a salary range in the LC. My LC has a salary range that is about 40% wide. Th reasoning being that it will take 4-6 years to get the GC after LC filing.
__________________
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One time contributions: $1,000
MOnthly Contrib = $50.
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  #15 (permalink)  
Old 07-25-2007, 01:05 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jun 2007
Posts: 143
techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice
Default

Quote:
Originally Posted by delhirocks
I don't get it, why didn't your company put down a salary range in the LC. My LC has a salary range that is about 40% wide. Th reasoning being that it will take 4-6 years to get the GC after LC filing.
There is no way to place a salary range, the rate is what labor department says it is on their website
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