EB2 Salary Question - Please answer.

[worker2010]

My priority date is August 2007 and I am just month away from the current priority date and my question is my employer ran less salary last year due to relocation.

my w2 salary last year was 51K and the years before that was around 55-58K. Labor, I think it was declared 55K.

This year my w2 salary would be around 56K. I am really worried as I am not sure if salary is any criteria while applying for 485.

Do you think this would cause query or rejection during 485? what is the best way forward?

[worker2010]

I forgot to mention, my I140 was approved in 2007.

Do you think any problem applying for I485 when last W2 salary is less than the minimum wages?

Worst case what I was thinking is to wait for the next w2 to come in January and apply for 485 if priority date moves to August 2007 before January.

Could someone suggest me on this please.

[ken41]

Hello,

Your employer do not have to pay the prevailing wage until you get your GC. If your date becomes current your employer has to give you a letter stating that he has intention to pay you as per LC after you get GC. File I-485 using that letter. There is no requirement that your W2 shld reflect the prevailing wage before you get GC.

Thanks,

Ken

[worker2010]

wowwwww thats a big relief to me. Thank you very much.

I was worried that I cannot apply for I485 due to low W2 salary.

My priority date is August 2007, hopefully the priority moves soon and I can apply.