Consular Processing - Salary lower than that Labor app sal

[pmanicka]

Hi

I have my I-140 approved and ready to apply for CP. My current salary is lower by app $6000/ (about 6%) than the salary mentioned on the labor application. My company does not promise to match the labor cert application salary on approval of Immigrant visa or anytime in the near future.

I am not sure if this is a criteria for denial of immigrant visa. I would like someone who has been in similar status earlier and done CP to share his/her experience so that I can understand and assess the risks before I go ahead.

I would appreciate if only first hand experiences are shared.

[JoeF]

Re: Consular Processing - Salary lower than that Labor app s

Well, they have to give you a job offer letter, and the salary stated in there has to be the higher of the salary in the LC and the current prevailing wage.
Without such a letter, no IV.
And if they don't honor the job offer letter, they commit fraud.

[pmanicka]

Re: Consular Processing - Salary lower than that Labor app s

Do you know of a specific case? And does someone know if the consular officer does have the approved labor certification in front of him?

Due to the economy being weak the company is not compensating what the attorney hoped I will make when I reach the level.

Thanks in advance

[JoeF]

Re: Consular Processing - Salary lower than that Labor app

I don't know a particular case, but the Consular officer has your whole file, including the LC.
BTW, not only would the company commit fraud by not honoring the salary, you also would, knowing that the company is not going to pay the salary. And fraud is a clear reason to deny the IV.
This thing of "company is not compensating what the attorney hoped I will make" is, quite frankly, BS. The company had to sign off on the LC, so they were the ones agreeing that the salary is reasonable. They screwed up, but now they seem to blame it on the lawyer.
This is a bad situation, but the only way out of it is to get the company to pay the salary.