AC 21 , After 180days change to new job with much less salary

J

johnjohn

Registered Users (C)
I changed my job after 180 days of 485 pending, which is based LC. My current salary is $45,000/year. But the salary on the LC is $70,0000. The new job is in the same filed as the one on LC. My layer said it is ok if the new job is in the same filed and similar with the one on the LC, the low salary is don't matter. But some told me if use AC21 to change job after 180 days 485 pending, the new job must in the similar field and the new salary must be the same as on the LC or higher.
Do I have trouble on my pending 485?
Thanks
 
I changed my job after 180 days of 485 pending, which is based LC.
----- Do you get your I-140 approved?

My current salary is $45,000/year.
But the salary on the LC is $70,0000.
The new job is in the same filed as the one on LC.
My layer said it is ok if the new job is in the same filed and similar with the one on the LC, the low salary is don't matter.
---- Your lawyer is correct because AC21 august 4,2003 Memo does not say anything regarding salary; nobody knows what will be in the final AC21 regulations when INS H.Q/USCIS publishes;
Take the print out and Read the MEMO:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html


But some told me if use AC21 to change job after 180 days 485 pending, the new job must in the similar field and the new salary must be the same as on the LC or higher.
------ Before August 4 AC21, 2003 MEMO the NSC, CSC and VSC rejected many cases based on lower salary few cases were filed by law offices of Sheela Murthy and got denied she sent motion to reconsider and NSC, CSC denied. I don’t know what happened to those cases and INS H. Q that time changed the position that Salary should match the LC salary but later issued the MEMO and it does not say anything about salary.
Do I have trouble on my pending 485?
---- I don’t know your full case
 
Thanks ginnu.
All of 131,765,140,485 filed at the same time based LC at TSC.
The Rd 10/1/2003
The Nd 10/2/2003

EAD get approved at 12/2003. 131,140, 485 pending.
FP scheduled at 01/2004

My husband and my son filed the same thing as me ( 131,765,140,485 ). They also got approved EAD.
One lawyer told me that the dependent~{!/~}s EAD and AP will not get approved until the primary applicant's 140 get approved. but my 140 is pending. but my husband and my son get their EAD at the same time with me.
 
Originally posted by johnjohn
Thanks ginnu.
All of 131,765,140,485 filed at the same time based LC at TSC.
The Rd 10/1/2003
The Nd 10/2/2003

EAD get approved at 12/2003. 131,140, 485 pending.
FP scheduled at 01/2004

My husband and my son filed the same thing as me ( 131,765,140,485 ). They also got approved EAD.
One lawyer told me that the dependent~{!/~}s EAD and AP will not get approved until the primary applicant's 140 get approved. but my 140 is pending. but my husband and my son get their EAD at the same time with me.
Click to expand...

confused. Today is 2004/1/14, 485 filed 2003/10/1, and you said you changed job after 180 days pending of I485. what does that mean?
 
johnjohn


1. I hope you filed I-140, I-485, and EAD AP in October 2003. Your lawyer is not correct that EAD AP will be only approved after I-140 approval. Many are getting EAD, AP approved while I-140 is pending. Primary/dependents get EAD AP before approval of I-140 and it all depends on service center.
2. Your I-140 is not APPROVED and your I-485 is pending for around 3 months, you are not eligible for AC21 at this time. Your employer can revoke the I-140 any time before approval and if that happens you have to start the GC process from the beginning, EAD, AP, I-485 all will be denied if I-140 is revoked or denied due to other reason, I-140 may get RFE and your past employer may not reply the RFE and I-140 will be abandoned if past employer does not reply to RFE and base of EAD, AP I-485 is I-140 and you will not have the base.
I think you did a mistake of changing the employer before I-1`40 approval and I-485 pending more than 180 days.

If your past employer cooperates to continue the I-140 then you may be safe at this time your I-485 or GC is at risk.
Start the new LC through new employer as back up ASAP and don’t use EAD, dependent who got EAD should also try not to use EAD till I-140 gets approved better let them maintain H4 status
 
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