Tricky issue .. Got 140 denial. Please advice

[nellore123]

Hi. I'm in EB2 category applied for 140 last year. Got RFE this june asking experience letters. I have sent them in August.. Got denial last week due to the following reason.

Actually as per my LCA, salary mentioned was 80K. My current salary matches 80K.But the problem here is,

For the last six months it should be 40K.But, it was 39,700. There is a difference of 300$. But remaining 6 months it was 40,500$. When we consider for an year it matches 80K mentioned as per LCA.But they Considered for 6 months .

I'm planning to refill I140 . But don't know how to solve this tricky issue. How can I solve this?Please give me ur valuable advice . Thank you so much in advance!!

[JoeF]

Every month, you have to get paid at least the pro-rated amount of the yearly salary. Being paid less in some months is not legal, even if you get paid more later.

Your salary pattern puts doubts on the employer's ability to pay your salary.

Find a better employer.

[jairichi]

If you were paid lower than LCA then you were out of status.

[Shiva.Universe]

Thank you so much for the reply... Please let me know What is possible step do I need to take now. How can I prove that the company has the ability to pay?.

[jairichi]

Thank you so much for the reply... Please let me know What is possible step do I need to take now. How can I prove that the company has the ability to pay?.

The company proved that they cannot pay your LCA salary based on documented evidence. How are you going to disprove that? Talk to an attorney.

[JoeF]

Thank you so much for the reply... Please let me know What is possible step do I need to take now. How can I prove that the company has the ability to pay?.

 

It is obvious that the company does not have the ability to pay you according to the law.

Why else did they pay you less than what they promised?

Find a better employer.