485 salary requirement

B

bill1735

Registered Users (C)
If I change to different company in different location, could I have salary lower than I-140/labor salary? It was AC21 case more than 180 days. What about different industry? I mean from Automotive to Snowmobile industry, they are similar. Do they consider same or different?

Urgent reply. Appreciated.
 
The same or similar job pertains to a proffession and not industry. A software developer in automobile industry and a software developer in Snowmobile industry are both same positions.

Regarding salary, its more of a matter of interpretation. If its industry standard for that particular position, a good lawyer should be able to successfully agrue the case in your favor
 
I agree, a good lawyer should be able to take care of this for you, if needed. Just make sure the profession is the same.
 
Doest make a big influence

Although salary differnce is a criteria - it doesnt really influence their decision - Like others here, I have this simple advise - use a competent attorney and the lower salary difference shouldnt really matter - there are few I know who have used AC21 with lower salary (about 10%) and still got their 485s approved.

-MrCoolz
 
Salary difference DOESN"T make any difference

Please read the State Dept cable/memorendum from Collin powel that was published sometime ago about AC-21. The only thing that is important is the "Similar Occupation". The title need NOT to be same but job description should be same in general. In AC-21 law it mentions the job description should be same - there was no mention of salary or location or industry type. If there is big salary difference then BCIS might think the job is not in the same category - because a software developer who was earning 70K CANNOT/SHOULDN'T earn say 35K in another company if the job is similar. This is not my analysis but I read it either Shusterman or murthy sometime ago. So big salary difference will play a role to determining job similarity - not anything else. The only salary requirement mentioned in the State Dept cable is that the salary MUST be higher than the "proverty guideline" earning to admit a AC-21 EB applicant which is on average something like in the range of 18K-30K so that EB applicant doesn't become a public burden.
 
Lower Salary range!

Hi.,

I am not sure whether this is true or not. Pl. Contact your attorney. Recently One of My friend applied for 485 EB2. His base salary is higher end of 40K. and he got RFE saying that his salary is not enough to apply for EB2. I am not sure about your case, but for sure there might be some slary range you should meet.

This is just a guess. Contact your attorney.

Thanks
 
Hi sgavini,
What you mean by "My friend applied for 485 EB2". Did you mean filled for labor condition? Salary is the issue at labor certificate. Once labor is done/approved - BCIS CANNOT deny filling I-140 or I-485.
 
Yes, My mistake, its Labor process.

Thats what I am not sure, how BCIS will take it if salary range is lower than mentioned in Labor!.
 
Salary requirement.

It happend to me. During Chicago labour, my lawer received an enquiry. Mine was filed EB2. And the minimum salary requirement for EB2 is atleast 83K (I still cann't believe this!!!). Mine was obviously less than that.

So, my lawer asked me (i) to ask employer to rise my salary to min 83K or (ii) we have to change my application to EB3. My only choice was to change to EB3.

The exact figure that my lawer told me is 83K/annum!!!
 
My friend's I140 was denied because his w2 filed was much lower than mentioned. I think slight differenence won't matter.
 
jpmbank,

That's true. I was also filed for EB2 and when we heard about this. My employer changed my salary . Exact figure was 82,429.88

But since I don't see any difference between EB2 and EB3, i wish I could have filed for EB3.

You did a good thing.
 
low salary

MrCoolz,

Could you please share your friend's experience? Does he/she approved without RFE for low salary or with RFE? And how much different of the salary? Mine is 8000 lower per year. I was told that 5% is acceptable.

Thanks
 
Salary Difference

Bill1735,

My friend's case was he got laid off before 180 days and still his attorney managed to get the case successfully approved.

His salary was 10K below of what he got earlier when he filed for 485.

-MrCoolz
 
MrCoolz,

Would like us know your firend's case was approved recently or one year earlier? Because I found this in murthy chat room on pril 14, 2003:

The original language of AC21 and the June 2001 INS/BCIs memo said a salary difference should not make any difference as long as it was above the poverty guidelines. Now, sometime in late 2002 or early 2003 the INS/BCIS Headquarters informed AILA representatives that the person would have to be paid the same salary as in the original LC since otherwise the employer would be failing to pay the required prevaling wage which is required in labor certificatin cases. This conclusion fails to recognize the prevaling wage differences in various parts of the country.
 
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