AC21 and salary difference (lower)

G

GCwhenandwhy

Registered Users (C)
Hi

I am about to be laid off. My I-485 has been pending for more than 15 months after I-140 approval.

I am going to invoke AC21.Although job duties are same, the new salary is less than LC salary by 13%. Will there be any issue?.

As per AC21 guidelines, "Substantial difference in wage should be considered while determining if the new job is same or similar".

I would like to know if lower salary by 13% is considered as "Substantial difference in wage"
 
GCwhenandwhy said:
Hi

I am about to be laid off. My I-485 has been pending for more than 15 months after I-140 approval.

I am going to invoke AC21.Although job duties are same, the new salary is less than LC salary by 13%. Will there be any issue?.
-----------NO, LC salary is to paid after GC but if employer starts paying before I-485 approval that is better so that they dont ask ability to pay from employer

As per AC21 guidelines, "Substantial difference in wage should be considered while determining if the new job is same or similar".
---------------------that is for increase in salary if on LC it is 60 and new employer is paying you 120 but I have not seen any case that faced problem because of salary they care more about job duties on new employer job offer letter



I would like to know if lower salary by 13% is considered as "Substantial difference in wage"
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Hi

When i send AC21 documents, new salary would be 13% lower than the LC salary. Will this create any issue during I-485 adjudication?.Please note that i am moving to a place where the cost of living is very less. Can this be used to justify lower salary.

My original labor filied for newyork city with a salary of 85k and new place of work location is in alabama state (74k) where the wages are lower compared to NY.
 
GCwhenandwhy said:
Hi

When i send AC21 documents, new salary would be 13% lower than the LC salary. Will this create any issue during I-485 adjudication?.Please note that i am moving to a place where the cost of living is very less. Can this be used to justify lower salary.

My original labor filied for newyork city with a salary of 85k and new place of work location is in alabama state (74k) where the wages are lower compared to NY.
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I dont see problem LC salary is supposed to be paid AFTER I-485 gets approved LC and I-140 are i for Geen Card and GC is for future job after I-485 approval
 
i understand about GC being future job. My question is when we send AC21 documents wont the adjudicator look into salary difference(lower) to dermine if the job is same or similar?

As per your reply, i should be paid 85k after GC approval, but the adjudication is based on the offer letter(with lower salary) we send against EVL. Please comment
 
GCwhenandwhy said:
My question is when we send AC21 documents wont the adjudicator look into salary difference(lower) to dermine if the job is same or similar?
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Yes, they might, but salary is only one component in determining whether the job meets the AC21 criteria. The title and duties are the other two.
 
realcanadian

So in my case, would it be possible to argue lower salary based on the cost of living/prevaling wage comparison between two cities?
 
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