AC-21 and the salary for new job

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ccbb

Registered Users (C)
Laid off recently but over 180 days. I understand that I will be OK if I find a similar job. How about the salary for the new job? Does it have to be similar to the old one? My attorney said that BCIS does not have strict requirements for the salary anymore due to current economic conditions. Is this true? Thanks a lot.
 
thanks Bajas.
But the link did not mention anything about the salary. Just saying that the new job must similar to the old one. Since the salary required is for the future salary afte green card is approved, does this mean that the salary is not an issue now as long as the new employer pay the LC salary after green card is approved?
Thanks in advance for anybody having similar experiences
 
ccbb,

This is a little bit tricky. Even though your GC is for future employment, if your employer is currently paying a lot less than what it is mentioned on your LC, it will be hard to convince the INS officer that your pay will be increased as soon as your GC is approved. I think a difference of few thousand dollars per year (3 or 4 thousand dollars) is probably okay. But if the difference is like $10,000 then it is very risky.
 
Even H4 are rejected because of the difference for current Salary and Salary LCA. They are mentioning rule called 241(g). In future how BCIS will look into current salary no one knows. I took cut of 10%.
 
Thank you all, especially dinnu, who helped me last time I posted the questions. I guess my attorney is wrong, I should go to safe side.
My friends consulting company may help me out and I might get a bona fide offer with a lot less salary. So I have to decide which way to go. My RD/ND was 04/02 and FP was 06/03. Wish I can get GC within six months.
 
What if higher?

What if your pay is 20% higher than mentioned in LC, will that be a problem?
 
Call91,

I didn't mean to scare you, that is the reason i stressed the word "may". I think it is definitely a problem if your salary is less. If I were you I would contact an attorney.

If your employer is willing to help then you can have your salary restructured into Base Pay + Bonus, where your base pay is closer to the salary mentioned on LC.

But please do consult your attorney b4 doing anything.
 
According to my attorney, if the salary is higher it is okay as long as the jod description matches. INS might object when the salary is lower.
 
Thanks :)

Thanks for the answers. I've sent my attorney an email questioning about this, I'll update when I hear back from him.
 
Will salary be a problem if we have nto used AC21.

I know that we need to take care of our salary to be in a sepcific range if we have used AC21. But what if we have not used AC21 and there is a salary increase? Should we worry about that also?
 
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