485 Problem.

[statuscheck2]

The scenario is this.

Applied for Labor substitution for Sr Application Engineer with a salary of 100k. My current salary was 75k as application engineer. I140 got approved. Did not apply 485 concurrently. recently I was moved to a support job with a salary of 62k. Now company is going to apply for the 485 since my h1 6 years in running out next year middle without disclosing the job change.

Is this OK? What are the risks for me in this scenario with 485.

 

[atlantabhopali]

CIS expects that u would be paid ur LC salary after 485/GC is approved. Technically, one can argue that ur current salary may or may not be the same as GC is for future job. However, the fact is that current salary is usually used by CIS as an indication of ur employer's commitment to pay u the LC salary after ur GC approval.

As ur current salary is considerably different than LC, u would probably get in trouble if CIS issues RFE for recent paystubs/employment verification letter.

U could (a) Try to talk to ur employer about increasing back ur salary and putting u in a better role (not always possible in this economy) (b) File 485 now, and after 180 days pass, try to change jobs using AC-21 and get a salary closer to the LC. Whatever u do, make sure ur H1 is extended/renewed as in the unfortunate case that ur 485 is denied, u would have a fallback plan.

goodluck and keep us posted.


-ab