Immigration Officer auditing resulted Salary Descripancy

[MarieDesoza]

Hi,

There was an audit at my company for my H1b visa. My GC is in-progress and I140 has been approved. The homeland security personnel found some discrepancy in the salary I receive, as it was stated as $105k in the H1B petition but it is actually $95K+10K performance incentive. I have always received the full $10k as a performance incentive, but the guy who was auditing said to my manager that my actual salary was $95K only and performance incentive does not count. Also that I was entitled to $10K immediately, if not, employer would be at risk.

My manager agreed to pay $10K, but has informed me later in confidence that it will be “adjusted” in my salary later on.

I would like to know if this will cause any problems later, such as

• Delay in processing Green Card
  
• Tax issues due to deposition of $10k at once and gradually adjusted later. Especially since the officer asked me to send the bank statement showing the deposit and my W2 form early next year.
  
• Should I ask my managers to change the salary structure as $105K only and not $95K+10K performance incentive to avoid issues in future?
  
• What other risk I may face?
  

Any advice will be helpful.

[JoeF]

This would have to be a REAL salary, not something fake that is taken from your salary later.

If the employer doesn't pay this FOR REAL, it would be obvious that the employer is not able to pay your salary, and that would put your GC at risk.

Now that USCIS is aware of this issue, they will scrutinize your GC case.

If the employer is not willing to pay you this money FOR REAL, find another employer.

[MarieDesoza]

Overall salary including the bonus I get the H1b salary. However USCIS says you cant include the bonus as part of your salary. Do you still think it is risk? Many Thanks

[JoeF]

Again, it has to be the REAL salary. Bonus doesn't count. ANd faking things, by taking the additional money from you later, is a sure way to get into even more problems.