AC21 and Salary

T

theguru

Registered Users (C)
Hi

If the salary is significantly lower than what was specified in the Labor Certification ( about 20% lower ), does that impact the decision making even though the nature of job is similar ?

And on top of it, its getting close to July 1st!

Thanks

485 RD - 1/14/2003
1st REF -5/20/2005 - employment
1st RFE RD - 5/30/2005
2nd RFE - 6/15/2005 - salary
2nd RFE RD - 6/21/2005
 
theguru said:
Hi

If the salary is significantly lower than what was specified in the Labor Certification ( about 20% lower ), does that impact the decision making even though the nature of job is similar ?

And on top of it, its getting close to July 1st!

Thanks

485 RD - 1/14/2003
1st REF -5/20/2005 - employment
1st RFE RD - 5/30/2005
2nd RFE - 6/15/2005 - salary
2nd RFE RD - 6/21/2005
Click to expand...
Yes -- it adds to the risk.
You have the burden of proof to prove that the job is the exact same even though the salary is way lower. (20% is significant)

I've heard of cases using AC21 successfully with much higher salaries - but not with 20% lower.
 
Usually new salary should be such that it can support the applicant and his dependents and ensure they do nopt become a public charge. On the other hand, as max explained large difference in salary (less or more) can raise the question whether the new job is the same as original job. My personal opinion is you should be fine as we know various companies offer differenr remunaration for the same job. Just make sure job descriotion and title are as close as possible.
 
mine was 22% less

my case is AC 21 and my salary for 22% less but my work location changed to a different state were COL was less.
 
Arvind, my situation is also similar to yours. Different state with lower COL. That is what the attorney has noted in the response to RFE.
 
theguru said:
Arvind, my situation is also similar to yours. Different state with lower COL. That is what the attorney has noted in the response to RFE.
Click to expand...
See -- that changes everything :)
You should've mentioned that the lower salary was due to moving to a lower COL state in your original post.

Then you have nothing to worry as a pay cut is kinda expected for the same job in that new state.
 
Update: 485 Approved

Thanks for all the inputs. My 485 (including my family's) got approved yesterday 6/28/05. :)
 
theguru said:
Thanks for all the inputs. My 485 (including my family's) got approved yesterday 6/28/05. :)
Click to expand...
congrats theguru. Whats your PD? Are you EB3? Did you send the AC21 letter to USCIS? Enjoy your freedom! :)
 
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