AC21(Changing employer for a higher salary)

[sirabee]

All,
I am on EAD for around 2 yrs, as i wanted to change employer.
In my labor base salary is $66K, but the new empoyer is giving me in $90K structred as ( base salary 58K + india salary 5K + location allowance 5K + special allowence remaining 22K)
Location allowance may change if i move to different state.
Special allowance is at the discreation of the company i may get full or partial or nil.
Do i need to mention this special allowance in AC21 letter.

Can you guys suggest me do i need get my offer letter changed to base same as 66K or (base + india salary + allowance) is ok as it comes around 68K.

Also do i need to send offer letter along woth all AC21 docs.

In my original labot title was software engineer, but new offer is assistant consultant is this matter or do i need get modified offer letter to be in safer side.
TIA
Reg
sirabee

 

[sirabee]

Any one?

Reg

 

[centerq]

more than the title of your new job, i'd worry only about the duties...but if you want to be on the safer side.. of course.. a title match would be helpful..


as far as the wage issue, here is an excerpt from the yates memo.. interpret it for yourself..

Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

this document should answer any other questions for ac21...
http://www.immigration.com/newsletter1/newac21guidance.pdf


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I'm a Programmer, not a Lawyer