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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 12-09-2008, 12:36 PM
ita ita is offline
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Default Difference in LC amount-W2 amount

If there is a difference in the W2 amount and the amount mentioned on LC(of about $8k-$9k)with W2 amount being less than the amount mentioned on LC, will that have any impact on the 485 processing?
(Since GC if for future job I'm thinking it shouldn't matter but I'm not sure about it.)

Thank you.
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  #2 (permalink)  
Old 12-09-2008, 12:54 PM
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Originally Posted by ita View Post
If there is a difference in the W2 amount and the amount mentioned on LC(of about $8k-$9k)with W2 amount being less than the amount mentioned on LC, will that have any impact on the 485 processing?
(Since GC if for future job I'm thinking it shouldn't matter but I'm not sure about it.)

Thank you.
It is an issue at 140 stage where employer has to prove ability to pay. The CPA must certify that the employer has the ability to pay the difference in salary in future by showing that the company has enough profits.

This usually adds up as companies keep applying for more and more 140s and if you are not a current employee - employer has to show enough profits to provide full salary to employee after GC. Thats why employers revoke 140 when people invoke ac21.

There have been cases where approved 140s got rejected because of huge difference in wage over a long period of time - once again things are dealt on a case to case basis a normal difference in salary is usually overlooked as long as company is profitable.
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  #3 (permalink)  
Old 12-09-2008, 01:00 PM
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Default Same question

Quote:
Originally Posted by chanduv23 View Post
It is an issue at 140 stage where employer has to prove ability to pay. The CPA must certify that the employer has the ability to pay the difference in salary in future by showing that the company has enough profits.

This usually adds up as companies keep applying for more and more 140s and if you are not a current employee - employer has to show enough profits to provide full salary to employee after GC. Thats why employers revoke 140 when people invoke ac21.

There have been cases where approved 140s got rejected because of huge difference in wage over a long period of time - once again things are dealt on a case to case basis a normal difference in salary is usually overlooked as long as company is profitable.
Chandu

I have 3-4k less salary than what I have in my LC . My I 140 is approved without any issue. I am due to raise soon and if I get more salary than what is mention in LC would it be problem ?

Can a person go for higher salary than what mention in LC ? Also my title was software engineer in H1b LC but now with 3 year extention lawer matched title to LC of GC( Computer System Analyst ) and same job duties. Can USCIS raise question why salary offered is diff if same title , same company and same duties...
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  #4 (permalink)  
Old 12-09-2008, 01:16 PM
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Default

Quote:
Originally Posted by gc_on_demand View Post
Chandu

I have 3-4k less salary than what I have in my LC . My I 140 is approved without any issue. I am due to raise soon and if I get more salary than what is mention in LC would it be problem ?

Can a person go for higher salary than what mention in LC ? Also my title was software engineer in H1b LC but now with 3 year extention lawer matched title to LC of GC( Computer System Analyst ) and same job duties. Can USCIS raise question why salary offered is diff if same title , same company and same duties...
You will be fine
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  #5 (permalink)  
Old 12-09-2008, 01:31 PM
ita ita is offline
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Default How does this impact AC21?

Thank you very much for the response Chandu..

If you are with the same employer who applied GC and if there is a consistent difference in the W2(W2<LC about 8k-9K for last 3 years) I think one should be fine as long as the employer shows profits and ability to pay.

What happens if the employee uses AC21 and moves to another job and maintains W2 amount (current and future) as is mentioned on LC? Will the previous years W2 amount have any impact on the 485 processing?

Thank you.

Quote:
Originally Posted by chanduv23 View Post
It is an issue at 140 stage where employer has to prove ability to pay. The CPA must certify that the employer has the ability to pay the difference in salary in future by showing that the company has enough profits.

This usually adds up as companies keep applying for more and more 140s and if you are not a current employee - employer has to show enough profits to provide full salary to employee after GC. Thats why employers revoke 140 when people invoke ac21.

There have been cases where approved 140s got rejected because of huge difference in wage over a long period of time - once again things are dealt on a case to case basis a normal difference in salary is usually overlooked as long as company is profitable.
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  #6 (permalink)  
Old 12-09-2008, 05:17 PM
ita ita is offline
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I-485
I485 Mailed Date
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Join Date: Jan 2007
Posts: 357
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