AC21 and considerable salary difference

ashu4gc

Registered Users (C)
I have a EB3 case with a priority date of Jan 2005, I-140 approved, I-485 filed in summer of 2007, 2 EADs/APs approved.

Left the employer who initially filed I-140 after 180 days of filing I-485 (almost 2 years back). Started working with the new employer on EAD. Haven't formally filed any AC-21 forms with USCIS, just gave a copy of my EAD to the new employer. Is it a requirement to file AC-21 formally? If so can one of you please point us to some resources online?

I'm not sure if my old employer revoked I-140 or not. Is there a way to find out? If, let's say, they have revoked after 180 days of my pending I-485 should I have to do anything specific for my AC-21? Should I have to formally inform USCIS about AC-21 in that case?

The new job is of the same nature as my I-140 but it has a bit more added responsibilities (assume a Software Engineer/Programmer to a Senior Software Architect, both has to do the programming work but the Architect wouldn't need any guidance from the superiors and can design and do things on their own) and the pay is almost DOUBLE than what was mentioned in the I-140. The reason for this change is that I was employed on a salary with benefits. It was a nominal salary but not great. With this new offer I went with an hourly employee model where there are NO benefits and everything I have to pay from my pocket. If we consider this fact and along with the fact that this process has been going on for more than 6 years now (inflation, family growth/necessities and such adds up to the bottom line) the increase in total $$$$ make sense.

Will this be acceptable to the USCIS officer? Will it cause any issues at the time of adjudication? Can I do something to remedy this, either going down to a salaried job or get paid less?

I would truly appreciate your comment/opinion on these questions.
 
I have a EB3 case with a priority date of Jan 2005, I-140 approved, I-485 filed in summer of 2007, 2 EADs/APs approved.

Left the employer who initially filed I-140 after 180 days of filing I-485 (almost 2 years back). Started working with the new employer on EAD. Haven't formally filed any AC-21 forms with USCIS, just gave a copy of my EAD to the new employer. Is it a requirement to file AC-21 formally? If so can one of you please point us to some resources online?
------------- If you dont invoke AC21 then USCIS may send RFE or NOID Search the thread and it has been posted many times what you need to invoke AC21

I'm not sure if my old employer revoked I-140 or not. Is there a way to find out?
------ Check online status if you have I-140 filing receipt number. If your I-140 was approved and I-485 was pending more than 180 days and employer revokes the I-140 still you are eligible for AC21. Why not to invoke AC21?
If, let's say, they have revoked after 180 days of my pending I-485 should I have to do anything specific for my AC-21? Should I have to formally inform USCIS about AC-21 in that case?
--Nothing wrong invoking AC21. if employer has revoked I-140 then USCIS may send NOID or RFE as they will not have same/similar job offer letter of new employer in your I-485 file. Better invoke AC21
The new job is of the same nature as my I-140 but it has a bit more added responsibilities (assume a Software Engineer/Programmer to a Senior Software Architect, both has to do the programming work but the Architect wouldn't need any guidance from the superiors and can design and do things on their own) and the pay is almost DOUBLE than what was mentioned in the I-140. The reason for this change is that I was employed on a salary with benefits. It was a nominal salary but not great. With this new offer I went with an hourly employee model where there are NO benefits and everything I have to pay from my pocket. If we consider this fact and along with the fact that this process has been going on for more than 6 years now (inflation, family growth/necessities and such adds up to the bottom line) the increase in total $$$$ make sense.

Will this be acceptable to the USCIS officer? Will it cause any issues at the time of adjudication? Can I do something to remedy this, either going down to a salaried job or get paid less?

I would truly appreciate your comment/opinion on these questions.
---------talk to your new company lawyer and invoke AC21
 
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