On I-140 under wages, what should be entered, my current salary or offered wage based on Perm? My W-2 (Salary +Bonus) for 2009 is almost twice the offered wage on Perm.. is that a probelm?
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to apr142009:
If you are referring to the I-140 petition you normally mention the wages offered for the job per PERM. But your case looks typical, but thats the norm you might want to check with the lawyer. Sorry could not be much of a help.
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to apr142009:
I dont think salary is a issue. Whats imp is u do PERM dutities.
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to eadSeeker:
I am working for 30 hours a week.
Do u think it is problem for GC processing?
I thought it is fine because GC is only for future employment.
I heard that if I get called for interview they will ask for W-2 , otherwise it will be fine.
Please help me here. I have a big problem.
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to romanrana54:
Is ur I-140 for part time ? How come you are working only 30 hrs/week ? Does the pay stubs/W2 state that you are working part time ?
If ur I-140 is full time and ur working part time then it might be a isue, not the salary.
Yes GC is for future so the company nes to clearly mention in the employment letter that "Upon I-485 approval, you will be offered Full Time Permanent Position"
Yes in interview they askd me W2's.
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to eadSeeker:
Thank you so much for the reply.
My I-140 says full time.
Of course my w-2 does not say it is part time, but I think that VO will find out from the amount paid.
I am working part time because I am working for another company for extra job. I think that there is no limit to work - I mean we are allowed to work outside after getting EAD. My lawyer did not give me easy answer. He said that I must work full time for the same company at least for 6 months after I getting Greencard, but before that there is limit that I should work.
Sorry i am so confused.
Thanks,
I will wait for your reply.
Romanrana
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On I-140 under wages, what should be entered, my current salary or offered wage based on Perm? My W-2 (Salary +Bonus) for 2009 is almost twice the offered wage on Perm.. is that a probelm?
to apr142009:
Is there any specific reason why you have a low $$ listed for PERM ? Are you certified already and under what category ??
In the context discrepancy in salaries, a reasonable logical explanation should be there when required to present. Usually the attorneys say it is easier to explain high $$$ as hikes bonuses etc as compared to significant drops. The caveat is too high a $$$ amount.
So the question is, how high is too high. Our attorney once mentioned this in conversations sometime back. For eg an IT developer with a PERM and I 140 filed as 80K now comes back few years later and says I have pay slips for "Half a mil" thats tough to reason. How ever with hikes and bonuses if it can be explained away then we may stand a chance. But tough nevertheless as opposed to a more worldly hike of 110k or 120k for the same guy. Just Know that it is all "relative" and in the context.
Does that apply to your case? |
to romanrana54:
th attorney is right. it alld epends on the I-140. There is a section where they ask in the I-140 form if the employment is FT or PT. If the I-140 is marked as FT and approved and now you are working PT, its like you are not working exactly in the same position and responsibilities as ur I-140 has been approved.
GC is for future thats true But USCIS uses ur current job criteria to establish what you will do in future.
Having said that, if the company cerifies that upon approval of ur I-485 u will be working as FULL TIME and earning salary (atleast equal to the I-140 ffered wages) you have a point be4 USCIS.
But the EVL needs to mention this clearly.
Even if you are working for another company on EAD, your PRIMARY JOB UNDER WHIC U WILL GET GC, neds to follow the I-140 .
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to rp485:
Believe me, salary is not that big issue, as your job respnsibilities. I am saying from personal experience. My company was bought by another firm. In the I-485 interview when this came up the only question I was asked was "Do you do same duties". I said yes. thats it. No quetion on salary etc
I am not saying a considerable diference in salary is not a issue but not that big os a issue in AC21 as doing same job duties is.
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to eadSeeker:
Thanks guys for helping me out.
So it sounds like there is no final answer, I mean it depends.
My employer will give whatever documents I need - a letter saying that I will be still working full time on the same wage as it was in 140.
Just the problem is that i will not be working 40 hours before green card, I will be working like 30 hors a week.
Thanks again,
Romanrana
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