PERM & I-140


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Hello Experts, Need your expert advice.


I started my H1-B from Oct, 2014 with a start up salary of 60K, got a raise in April 2015 and my salary was bumped to 66K.


In April, 2015 they also started my GC process and my PERM was filed at 72K, Now, I have gotten another raise and my salary is bumped to 85K from Oct 2015.


My questions are:


1) Is my PERM in trouble since they filed with 72K and my wage at the time of PERM filing was 66K?


2) Is my PERM or I-140 in trouble as my GC was started in April 2015 with 72K but my W2 for 2015 will only show around 68K?


3) If PERM approved, when they file my I-140, I will have at least two pay stubs reflecting a raise above the required salary, but my total earning in 2015 will be less than the required 72K, will this be a cause of concern?


4) Will this come back and haunt me at a later stage in GC process at 485 filing (Considering PERM and I-140 get approved)?


5) If this will cause issues, what is the best way to resolve this?, I do not expect the salary to go below the required level from next year, 2016?


Please advice.



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Generally, an increase in salary, which happens over time normally, does not create a problem for the GC process. The Green Card is for sponsorship for a job on becoming a Permanent Resident for which the sponsor agrees to pay at least the wage offered on the LC. So if the employer does and will pay more than what was originally offered, it is not prohibited by law nor would it make someone ineligible for approval of the Green Card.

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