AC21: If Salary is more ( 10-15% ) than specified in Labor: Is that affect your AOS?

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Registered Users (C)
Guys we\'ve talked that salary should be minimum required salary, but if the Salary is more ( 10-15 % ) than specifiec in your labor certification and job offer of previous company.

What may be implications? Do you smell any problem in that?

Your comments are welcome.

Thanks
 
Chances of having problem cannot be denied

There indeed is such a rule regarding salary limits, although it is not cast in stone or written into the law.

First, the employer can pay you as much as he wants, as long as he meets the minimum specified in the LC. HOWEVER, if you make, say, twice as much as the original salary specified, INS may consider that evidence that you have been promoted and will no longer be working in the job the LC was issued for.

I can\'t give you a good answer as to where this problem will kick in. It much depends in part on the attitude of the Certifying Officer. As a general rule, the salary should not be more than 5% higher than the prevailing wage stated in the labor certification approval.
 
No Title

If using AC21 to move jobs after 180 days I don\'t think it should matter much (unless it is twice or thrice etc) because salary depends on so many things (place, cost of living etc). But make sure that it is a similar job with respect to job duties and responsibilities etc.

-PCee
 
So does a promotion to a senior level affect stamping

Hi,

So does it mean that when your I-485 approval process is going on, you are not suppossed to get a promotion. Assume that a I am software engineer and my manager wants to promote me to Senior software engineer with more or less same job description, 5% hike. And if by some chance an interview comes up for I-485, then I am suppossed to take the employement letter with me. The certifying officer at local INS office finds that I got a promotion with above described scenario. Does anyone in this group think that a question will be raised.

Your inputs are very much appreciated.

BellBell
 
So does a promotion to a senior level affect stamping

Hi, So does it mean that when your I-485 approval process is going on, you are not suppossed to get a promotion. Assume that a I am software engineer and my manager wants to promote me to Senior software engineer with more or less same job description, 5% hike. And if by some chance an interview comes up for I-485, then I am suppossed to take the employement letter with me. The certifying officer at local INS office finds that I got a promotion with above described scenario. Does anyone in this group think that a question will be raised. Your inputs are very much appreciated. BellBell
 
Not an Issues at all

I got mine approved. Based on the initial labor and the final 485 my salary doubled. Same thing with the position. But not a problem. I think they are more concerned about you making less money then what is specified in the labor document. I would just go ahead and file everything.

Just my experience.

RKD
 
Thank you PCee, Its job change after 180X2 days !!

I\'m making sure to have same job title, similar job description. But salary thing is kind of more but not way out of range for the job in the area.

so should be ok as per our discussion here and elsewhere.

Thanks.
 
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