AC21- Earining less than labor certi. guidelines

K

kumargc12

Registered Users (C)
Hello,
I had to change my employer last month. My old employer was going out of business & I had no option. New employer is paying $10K less than what I'm supposed to make according to the labor dept regulations. My attorney says that I must make what has been said in the labor certification in order for the GC to get approved.
Did any of you on the discussion board had/have this problem of earning less salary than what has been said in the labor certification?
Is my attorney being too conservative? Is this really a BIG issue or turn into a problem at the time of final GC approval?
Please help.
Thank you in advance.
Kumar
 
kumargc12 said:
Hello,
I had to change my employer last month. My old employer was going out of business & I had no option. New employer is paying $10K less than what I'm supposed to make according to the labor dept regulations. My attorney says that I must make what has been said in the labor certification in order for the GC to get approved.
Did any of you on the discussion board had/have this problem of earning less salary than what has been said in the labor certification?
Is my attorney being too conservative? Is this really a BIG issue or turn into a problem at the time of final GC approval?
Please help.
Thank you in advance.
Kumar
Click to expand...
Relax. No need to worry about salary at all. You are fine. Search this forum for salary and/or pay. I would also search CA forum to get more info on this.
 
kumargc12 said:
Hello,
I had to change my employer last month. My old employer was going out of business & I had no option. New employer is paying $10K less than what I'm supposed to make according to the labor dept regulations. My attorney says that I must make what has been said in the labor certification in order for the GC to get approved.
Did any of you on the discussion board had/have this problem of earning less salary than what has been said in the labor certification?
Is my attorney being too conservative? Is this really a BIG issue or turn into a problem at the time of final GC approval?
Please help.
Thank you in advance.
Kumar
Click to expand...

I wonder if pay rate is one of the factors for the CIS to consider when making sure that your current and future jobs are of the same type. If it is, getting paid significantly less could be a problem.

On the other hand, the basic idea behind the required minimum pay rate (per occupation in a certain region) is to make sure that we foreigners are not taking Americans' jobs by working for less wages, and so, as far as your future wage is more than or equal to the minimum set for your occupation, it may not matter. But then if I'm right about my first point, you might try to find a job that pays as much as you are currently getting.

You might post your question in the I485 portability thread. I took note of some responses from apparently very knowledgeable people there.
 
No need to worry

My labor was approved for 70k, but when I file my I-485, my salar was 35k, half of what was mentioned in labor, through the same employer. I got approved. I did change my empoyer under AC21, but has never informed INS. In AC21 or I-485 I dont think so they check about salary, the only thing they verify are the taxes.
You should be fine, the lawyer is unncessary making you scared.

All the best
ak
 
dont do ac21

i dont think it is required to intimate them...take it easy and dont worry much on it
 
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