AC21 and Salary

G

GC-PAX

Registered Users (C)
Hi All,
This is with reference to a recent case where the IIO said
Current Salary >= L.C Salary Period.

I went through all the AC21 documentation and it doesnt say anywhere that this condition is true.

I was very worried after reading the above case.
I have accepted an offer at a good company but my Salary is 2k < LC Salary.

When i made the decision i had looked at a few FAQ and talked to a few people -

http://www.murthy.com/UDac21qa.html

Question 8 : If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP

No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."

Isnt the above true ?

I would greatly appreciate any feedback and help on this issue.

Thanks in Advance
GC-PAX
 
I agree with you

GC-PAX,

I was also caught in surprise when I saw that post . After reading the FAQ's in murthy.com, I was almost convinced that, salary is not a very big constraint to change job using AC21. But it seems thats not true.

I was planning to accept a job with a little less salary(using AC21), but it seems I better convince them now to pay me the salary mentioned in LC or search for another job. I am 02-186 and I doubt the survival of my company in a long run.

Probably this is what I conclude: As the AC21 law is not clear, things like this become discretionary for them and we get screwed up.

If I were you, I would have tried to convince the employer to increase the salary by 2K.
 
Thank you for sharing info. It seems it's true. The problem is people on BCIS don't know their own laws :(
Check it out http://boards.immigrationportal.com/showthread.php?threadid=79502

Originally posted by madman
He asked me how long I had worked for petitioner. He did some math and said, "Ok. You were there for at least 180 days. AC21 is applicable".
Click to expand...

and compare with anwer for Question 2

Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions.
 
Thank you DBM & Tasse for your feedback.
DBM: Yes i would have definitely asked them to give 2k more if i had know this before. Now i have already accepted the offer and all the paperwork has been signed. It would look very unprofessional to go back and ask them to change these things & even if i did i am not sure if it would work.

I am frustrated and confused. My 485 ND is feb 10 & it has been pending for more than an year.

Worst comes to worst can i appeal & turn around a bad decision?
Are there any alternative approaches i can adopt ?

Thanks again,
GC-PAX
 
I am not sure

GC_PAX,

I am not sure, what can be the other alternatives. I am a novice in this area too.

But, you should be able to turn around a bad decision. A good lawyer should be able to do that. There will be delay and I am sure, that path will not be easy either.

In any case, I am not finding a simple answer to it.

DBM
 
Re: I am not sure

Originally posted by DBM
GC_PAX,

I am not sure, what can be the other alternatives. I am a novice in this area too.

But, you should be able to turn around a bad decision. A good lawyer should be able to do that. There will be delay and I am sure, that path will not be easy either.

In any case, I am not finding a simple answer to it.

DBM
Click to expand...

i don't think I was too clear in my earlier posts. The INS officer issued me an RFE for employment letter with LC salary. When my lawyer interjected requesting for consideration since everything else was fine and that it would take a long time for a decision, the officer gave me a pink slip to come back in the next day. I returned the RFE with employment letter the next day.

what I am getting at is that the RFE should give you 90 days to submit the required information. This is infinitely better than being denied. You at least have some time to get another job etc.

my EAD application was pending for more than 90 days. I took another copy of my EAD application for iEAD. If the officer wasn't going to approve me, I was going to ask him to have the iEAD approved same day. hence, my advice is to take an EAD application with you.

=madman
 
Thanks

Madman,

Thanks for the clarification.

probably the point on which myself and GC_PAX were discussing is:

"whether your current salary >= your LC salary" is a requirement of AC21 or not !!

The FAQ section on murthy.com tells that its not a requirement. But from your experience, it tells us that its a requirement.

Obviously, its a big mess ! and different INS/BCIS officers are interpreting the AC21 provisions in different ways.

belated congratulations and thanks a lot for sharing it in such detail. It was helpful for all of us.
 
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