AC21 - Changing Employers - Need advice

M

mn092

New Member
Hello Gurus,

I need your expert advice on the following issue. Sorry if similar question might have been posted before.

I am trying to change employers, but my prospective employer is willing to give me an employment letter (offer letter) which contains the same job duties as specified on my LC, but says cannot give the same Job Title (because every organization is different). Also, the Salary difference seems to be quite significant.

Here is my Information:
I-140 approved, I-485 pending for way more than 180 days.

Information on LC:
Job title: System Analyst
Salary: 70K
Job Duties: Usual programming, requirements analysis, design, etc

Prospective employer:
Job Title: Application Developer
Salary: 120K
Job Duties: Similar to the job duties specified on my LC, probably add more (but definitely not supervisory or managerial duties)

Before I join my employer, can you please advise me on these:

1. Do you think the difference in the salaries will cause any risk to my AC21 portability and my GC Process?

2. Do you think the difference in the Job Titles will cause any risk with my AC21 Portability and my GC Process?

3. In case USCIS comes back and says that the new position doesn't seem to be a similar position, how can I justify the difference in salaries?

4. In case USCIS asks those questions on Job Title/Salaries, will a good lawyer be able to make a case so that it wont affect my GC?

Appreciate your replies.

Thanks.
 
mn092 said:
Hello Gurus,

I need your expert advice on the following issue. Sorry if similar question might have been posted before.

I am trying to change employers, but my prospective employer is willing to give me an employment letter (offer letter) which contains the same job duties as specified on my LC, but says cannot give the same Job Title (because every organization is different). Also, the Salary difference seems to be quite significant.

Here is my Information:
I-140 approved, I-485 pending for way more than 180 days.

Information on LC:
Job title: System Analyst
Salary: 70K
Job Duties: Usual programming, requirements analysis, design, etc

Prospective employer:
Job Title: Application Developer
Salary: 120K
Job Duties: Similar to the job duties specified on my LC, probably add more (but definitely not supervisory or managerial duties)

Before I join my employer, can you please advise me on these:

1. Do you think the difference in the salaries will cause any risk to my AC21 portability and my GC Process?
------------No
2. Do you think the difference in the Job Titles will cause any risk with my AC21 Portability and my GC Process?
---------------No, they only care about same/similar job duties.

3. In case USCIS comes back and says that the new position doesn't seem to be a similar position, how can I justify the difference in salaries?
------------- Salary is not issue
4. In case USCIS asks those questions on Job Title/Salaries, will a good lawyer be able to make a case so that it wont affect my GC?
------------Yes. lawyer knows about AC21 Memo and USCIS also knows about AC21 Memo.
Appreciate your replies.

Thanks.
Click to expand...

read the AC21 Memo.
 
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