AC 21 after 140 approval

R

roy1

Registered Users (C)
Hi guys, I'm new to this site. I have been a silent viewer on this site for many months now. Lots of good info.

My situation.

I-140/485 concurrently filed 1 year with recent 140 approval. My LC was filed for $60000 dollars, 30% above prevailing wage amount. I earned that amount when I first started. Recently, due to company cutbacks over the past year, my salary had been reduced to 40000 (the prevailing wage amount). This is 30% less than LC amount of 60000. Will that affect my 485 process? I have found another company that will pay me the LC amount. If I leave my current company and join another company will I be able to continue with 485 process with AC 21, or will that be a problem? Please help.
 
You can certainly use AC-21 if the new job description is same is stated in labor certification. The salary should not be an issue, just ask new employer to start AC21 process with job description matching old employer's. The 485 application is Alien's application and should not have any effect as you have crossed 180 days limit.

Don't worry too much and ask new employer to start H1 process based on LC if you have completed 6 years otherwise you could also start working on EAD (if one).

enjoy and congrats on your new job...


roy1 said:
Hi guys, I'm new to this site. I have been a silent viewer on this site for many months now. Lots of good info.

My situation.

I-140/485 concurrently filed 1 year with recent 140 approval. My LC was filed for $60000 dollars, 30% above prevailing wage amount. I earned that amount when I first started. Recently, due to company cutbacks over the past year, my salary had been reduced to 40000 (the prevailing wage amount). This is 30% less than LC amount of 60000. Will that affect my 485 process? I have found another company that will pay me the LC amount. If I leave my current company and join another company will I be able to continue with 485 process with AC 21, or will that be a problem? Please help.
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Roy,

u don't have to worry about getting paid 40,000 now as opposed to 60,000 on LCA. The amount on the LCA is somethink that you are supposed to make after your 485 is approved. Also you can use AC 21 without any problem.
 
Guys,
Thanks for the prompt reply. I was told by a few that because I am currently employed in the US with my company sponsoring my 140, during the 485 interview process if they ask for w2's my w2 will reflect a lower salary on both the LCA for my h1 and LC for my GC. Should I be concerned. My LCA and LC were filed for 60K, But my current only shows 40K. Any ideas how I can get around this. If my new company shows my salary to be as stated on the LC will it matter.

Thanks.
Roy1
 
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at the time of interview (if there is any, hope you get GC without one), your w2 can cause a conflict. If the new company is big and stable than you might want to join them. Or by the time you get to the interview stage your last couple of pay stubs should reflect LCA amount. (LC for H1 does not matter)
 
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