AC21 - Max Salary Hike permitted?

E

Endeavour2003

Registered Users (C)
Hi Gurus / Ginnu / UnitedNations / TheRealCanadian.

I am contemplating a job change using AC-21 and need your advice urgently. The new employer has agreed to provide me an exact Job Title / Job Description as per the existing LC.

My point of concern is the salary. I am being offered a salary hike of about 25K ( from 70K to 95K ) over the salary mentioned on my LC. My LC was filed about 3.5 years back. Do you think this salary hike will be a problem? If yes, what would be considered an acceptable salary increase in this case?

Although the USCIS Memo does say that the salary increase can by itself be not a ground for I-485 denial ( job description is the same ) but I still don't want to raise any unnecessary red flags. At the same time I do not want to be over-cautious and accept a reduced salary unnecessarily.
 
Go ahead .... I dont find it an obstacle for your GC process. The entire purpose of the new salary being close to the old one has other reasons.

Never came across any such case where salary hike became an issue.
 
Cheekoo, when you say "never came across any such case", do you have knowledge of EAD cases besides yours ?

I am asking because my lawyer - who apparently doesn't have experience doing AC21's - discouraged me from taking the AC21 route because he said that he personally discussed with DOS cases of rogue adjudicators denying AC21 cases in the past. I am curious about your experience.

Cheekoo said:
Go ahead ....
I dont find it an obstacle for your GC process. The entire purpose of the new salary being close to the old one has other reasons.

Never came across any such case where salary hike became an issue.
Click to expand...
 
Endeavour2003 said:
My point of concern is the salary. I am being offered a salary hike of about 25K ( from 70K to 95K ) over the salary mentioned on my LC. My LC was filed about 3.5 years back. Do you think this salary hike will be a problem? If yes, what would be considered an acceptable salary increase in this case?
Click to expand...

I don't see any problem with this, especially since it's been a number of years since the LC. My salary went from $70k to $90k without problems.

Enjoy your new opportunity, and don't forget to save some of your raise. You'll be grateful you did down the road.
 
marlon2006 said:
Cheekoo, when you say "never came across any such case", do you have knowledge of EAD cases besides yours ?

I am asking because my lawyer - who apparently doesn't have experience doing AC21's - discouraged me from taking the AC21 route because he said that he personally discussed with DOS cases of rogue adjudicators denying AC21 cases in the past. I am curious about your experience.
Click to expand...

Yes, I do have knowledge of quite a few "actual" cases plus reading through this forum everyday for over 3 years. Since my case got unusual twist, I had to get involved deeply. I had to do a lot of things for my lawyer and also not to depend on his opinion alone. I read alot and gathered facts about AC21 before I took action. The Lawyer was there to merely re-confirm what I already knew.

During this process I had so much time with the staff of the lawfirm that I made friends and had the chance to learn that over 150 cases were jeoperdised and went through similar and also unique scenarios.

Let me tell you my conclusion of the AC21 DRAMA.

AC21 was very complicated when it was initially came into existance. This law was not clear for interpretation even by USCIS lawyers. Resultantly quite a few cases were initially denied but later re-inforced. LAtely few last YATES memos have made this law CLEAR for USCIS adjudicators and also comon public. It does not take much for USCIS officer to know if one case falls under AC21 or not. NOW .. there is no reason for them to deny it. But WE are still scared and carry forward that to others.

1, 140approved + I485 pending >180 days condition must be met.
2, No Proactive AC21 letter does anything. It does not have legal significance and it does not even reach your file.
3, RFE is the best time to inform USCIS about AC21 Law and how you meet the condition.
4, If you meet the AC21 condition. USCIS can never deny your case. All the cases which meet the criteria automatically EARN the facility provided by AC21.
5, The RFE which people usually get asks for "CURRENT JOB DETAILS". USCIS wants to make sure that you are not a public charge. No one can stop USCIS from asking for "SPONSORING employer's details".

I hope this help ... Good Luck
 
Does USCIS also look at a size of a company while deciding on AC21 cases? That is, is a 50-people in a worseoff scenario than a 200 people company, when you're deciding where to go?
 
Cheekoo said:
1, 140approved + I485 pending >180 days condition must be met.
2, No Proactive AC21 letter does anything. It does not have legal significance and it does not even reach your file.
3, RFE is the best time to inform USCIS about AC21 Law and how you meet the condition.
4, If you meet the AC21 condition. USCIS can never deny your case. All the cases which meet the criteria automatically EARN the facility provided by AC21.
5, The RFE which people usually get asks for "CURRENT JOB DETAILS". USCIS wants to make sure that you are not a public charge. No one can stop USCIS from asking for "SPONSORING employer's details".

I hope this help ... Good Luck
Click to expand...


How does

1, 140approved + I485 pending >180 days condition must be met.

works for future employment I-485?

My RFE is:

Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment

I am planning to send them EVL from the current employer only. Why they did not ask for future employer letter? I have seen sometimes others are getting RFE for future employer as well along with current employer. In my case, they very well know that my I-140 and H1B sponsors are different. Any logic?
 
According to my lawyer, as long as the job description/function is the same, you need not worry. In fact he said that USCIS expects salary increases. As long as you are not going from say engineering to marketing, you are safe.
 
Cheeko..Just wanted to thank you for staying around after your approval.
And shoring up sagging morale of people.Appreciate it.
By the way how is the grass on the other side of (I-485)fence..(just kidding) !
Doesn't look much green from this side !
I agree with your deductions on the AC21 scenario.
My lawyer has the same opinion.
Here is her take on filing of proactive AC21.
"How many times do you plan to file AC21 ?. say if you changed 3 jobs (may be more given the retro sinkhole and NC loop) till Adjudication will you send 3 AC21s and if you send 10 pages per AC21 you are sending 30 docs for USCIS to look at. They will hate you for that. It never reaches your file."
All she advised was stay in same/similar job and don't work for less salary than LC.
Finally she said "Don't ask don't tell. and speak only when asked at your turn !"
And I almost managed to piss her off by sticking to proative AC21 tune.
 
I am just returning the good help i got from here ..!!!

diOxide said:
Cheeko..Just wanted to thank you for staying around after your approval.
And shoring up sagging morale of people.Appreciate it.
By the way how is the grass on the other side of (I-485)fence..(just kidding) !
Doesn't look much green from this side !
I agree with your deductions on the AC21 scenario.
My lawyer has the same opinion.
Here is her take on filing of proactive AC21.
"How many times do you plan to file AC21 ?. say if you changed 3 jobs (may be more given the retro sinkhole and NC loop) till Adjudication will you send 3 AC21s and if you send 10 pages per AC21 you are sending 30 docs for USCIS to look at. They will hate you for that. It never reaches your file."
All she advised was stay in same/similar job and don't work for less salary than LC.
Finally she said "Don't ask don't tell. and speak only when asked at your turn !"
And I almost managed to piss her off by sticking to proative AC21 tune.
Click to expand...

Thats exactly what my view is and I try to put it strongly in front of people here.

" ANY PROACTIVE < LETTER > NEVER REACHES YOUR FILE "
Only RFE with unique file# with bar code is seen by the officer.

Honestly : Did not feel a thing even with the cards in the pocket. Like an Old potato, not much attraction was left. I guess a change of job or increase in $$ may have the effect.

Good Luck to you all
 
You must log in or register to reply here.
Top