Urgent --Abu and other gurus pls help--Base salary 5%< LC

[jsj123]

Gurus,
My base is 5% less than what is described in Labor and I 140. But with bonus total figure is well above what is described in Labor. My interview is in march. At the last moment my immigration dept. tells me this could be a problem and tells me to go for I-485 route. Do you think this could be a problem?? I have put lots of efforts and time for CP and I am almost there. I really don't want to apply for 485. Please advise. What could be the risk if I go for CP??

Thanks

[kw177]

Salary

The employment letter needs to state that they intend to employ you under the terms and conditions of the LC and at the the LC salary "immediately upon your being granted permenant resident status".

It should NOT say that they will just be making your current employment permenant (since the salary doesn't match).

You would need a similar letter for the I-485 (just not notorised) as well so the company shouldn't have a problem with it.

Remember the LC relates to the (completely different) job you will take up after you get your GC - not the H1B (or whatever) job you currently occupy.

[jsj123]

Re: Salary

Thanks kw177 for your input. But i think it is hard for me to get that kind of letter because nobody would give gurantee for future salary increase in this economy. Did you able to get this letter?? If I can't get this letter, Is it ok to get total comp letter which is higher than described in LC??

[kw177]

Re: Salary

Not Legal Advice:

As far as I am aware the salary quoted the LC is the salary that must be in the letter.

Note though that your employer doesn't have to pay you that salary - just offer it in good faith. There is nothing to stop them changing or renegotiating the conditions of your employment after you start your job.

As long as they give you a letter (dated after your arrival) telling of your new salary (and bonus scheme which makes up for the reduction) you and they should be OK.

If neither one of you complains it is extreemly unlikely anyone (INS etc) will ever care.

[jsj123]

Re: Salary

Thanks a lot for your input.

[Gcslave]

Re: Salary

I had the same issues, but my base salary was ~ 30% less (nobody has expected such a poor economy 1.5 year ago!). My emp letter stated just my current salary and "position will be permanent". I did not have any issue during interview (02.14.2002). They just wanted to be sure that: a) same employer b) work is still available