AC21 or not

Originally posted by tiklebit
Do you actually mean that if you are currently at 85K, you actually can get a job for 150k? Wow!! Gr8 guns there!!
Click to expand...

tiklebit,

You haven't proved anything by your posting. And I am still to see any refutation of the points I raised about AC21 rules and regulations. So don't make statements unless you can back it up with real legal advice.

To answer your question about 85K Vs. 150K, let me ask you a question, have you heard of Capitalism?
cap·i·tal·ism (kp-tl-zm)
n.
An economic system in which the means of production and distribution are privately or corporately owned and development is proportionate to the accumulation and reinvestment of profits gained in a free market.
--
If someone CAN get a job that pays him double what he/she gets currently more power to them. As long as they can prove that the increase in salary does not signify a change in job profile. WHY would BCIS care if you have found an employer who pays you double for doing the same job? They probably would snap up the job themselves!
 
I really appreciate more discusion on salary issue.

I know few people those have changed the job with around 10-15% higher than LC salary. What about if salary is more than 35% than the one mentioned on LC? Job Description is same though the title different from the one mentioned on LC. Is there any potential risk involved using AC21? One of my friends want advise on it. Regards,
-Anand :confused: :confused: :confused:
 
I changed job 4 months back

My current salary is 70% more than my salary on my LC. My lawyer sees no problem with it. In fact when I called him for advice he was surprised why I was thinking twice about it.
 
Originally posted by tiklebit
Thanks for the comments gopher!! I'm flabbergasted!!

Do you actually mean that if you are currently at 85K, you actually can get a job for 150k? Wow!! Gr8 guns there!!
Click to expand...

Not everyone is in IT, dude. Open your eyes. Not all jobs have undergone paycuts.
 
Why not more salary????

Hi,

I was just thinking this as an argument:
I applied for my LC in dec 2000, and so its been more
than 2.5 years since december 2001.
ASsuming:
Salary at LC = 80K
Salary rise per year = 8%
Salary after two years = 93.31K
Icrease %wise = 16.64%

I switch jobs and demand at least 10% over
current salary.. wooh! 93K+10% ~ 102K
%rise over LC ~ 22%.

Now even if we consider a modest increase of 15%
instead of 22% I think it totally justifies salary increase.
So if your lawyer is not arguing this with the INS then
they are a bunch of crap. Afterall your salary increase
comes with the experience, or did the INS expect us
to remain in our current salary the rest of our lives.

Just my thoughts.. :) ..
Thanks,
Rajesh.
PS: WAC02033-5XXXX... CAN SOMEONE TELL ME WHEN THE HELL IS INS GOING TO LOOK AT MY FILE!!!!!!!!!! :((((((((((
 
Capitalism??

Originally posted by 140_takes_4ever

So don't make statements unless you can back it up with real legal advice.
Click to expand...

Are you a legal advisor? Tell me, tell me, tell me!! Well, statements are made to be argued on! Some agree, some don't... that's the way of life!!

Capitalism? What's that?? I've never heard it. Are you a student of politics or economics?? ;)

Tell me, if u get a job offer tomorrow to fetch u $1M per year, will u let it go? Now let me tell u something brother...in this economy it is hard to find a "secure" job that pays big. If you get it, u will probably not think about GC will u? So the argument still remains -"to be or not to be - that is the question".

And BTW, I'm not a literature student!

Good definition of capitalism there! Let's keep politics out the door here! We don't wanna open that can of worms... 'coz I have lot of worms in it...!
 
Re: Capitalism??

Originally posted by tiklebit
Click to expand...
Are you a legal advisor? Tell me, tell me, tell me!!

Considering the amount of legal advice I hand out so regularly and the perusal of legal documentation I would imagine my self as being a self taught legal advisor. But you missed my point! I was asking you to prove your point by quoting statements from lawyers or websites that validate your point of view! FYI, it sounds childish to repeat the same word thrice for emphasis!

Well, statements are made to be argued on! Some agree, some don't... that's the way of life!!

Your above statement works when we talk about abstract things like god or beauty! Not when it comes to the law! Law is a very defined, very black/white entity. It is like being pregnant, either you are or your are not! So statements on the law are either correct or NOT! You make allegations, then prove them. If you can't then accept proof presented to you!

Capitalism? What's that?? I've never heard it. Are you a student of politics or economics??

If you haven't heard of it then that is really not my problem. WRT my education, that is not your business!

Tell me, if u get a job offer tomorrow to fetch u $1M per year, will u let it go? Now let me tell u something brother...in this economy it is hard to find a "secure" job that pays big. If you get it, u will probably not think about GC will u? So the argument still remains -"to be or not to be - that is the question".

What kind of specious arguement is that? Does it make sense to you? Cause it makes no sense to me. We were talking about working under AC21, in a job with similar job description and much higher salary range. I don't see any of that in the drivel you posted above.

Good definition of capitalism there! Let's keep politics out the door here! We don't wanna open that can of worms... 'coz I have lot of worms in it...!

The whole point of bringing capitalism in the post, was not to push my political philosophy instead to point out that we live in a capitalistic country, where the concept is to make money for your self.

Obviously seeing how you did not grasp a single point I laid out in my earlier post it is redundant to continue this debate with you. I am wasting my breath and my bandwidth!
 
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Gentlemen, please. AC21 is one of the rare areas where BCIS uses some common sense. Please do so too.

Salary is just one way that BCIS uses to determine if a job for AC21 is "same or similar". They look at a combination of title, duties and compensation to make this determination.

The $10,000 number that was bandied about is just a rough guide. The difference can be greater, if the title and duties are similar and a good explanation can be made for the difference. Clearly, an IT position that was 85k on the LC that is now around 97k or 72k should still be OK, especially if a few years have passed.

However, if your LC says 85k and you're now making 40k or 160k, then it would be reasonable for BCIS to question if the jobs are truly similar. Common sense.
 
Why not more salary????
Hi,

I was just thinking this as an argument:
I applied for my LC in dec 2000, and so its been more
than 2.5 years since december 2001.
ASsuming:
Salary at LC = 80K
Salary rise per year = 8%
Salary after two years = 93.31K
Icrease %wise = 16.64%

I switch jobs and demand at least 10% over
current salary.. wooh! 93K+10% ~ 102K
%rise over LC ~ 22%.

Now even if we consider a modest increase of 15%
instead of 22% I think it totally justifies salary increase.
So if your lawyer is not arguing this with the INS then
they are a bunch of crap. Afterall your salary increase
comes with the experience, or did the INS expect us
to remain in our current salary the rest of our lives.

Just my thoughts.. ..
Thanks,
Rajesh.
PS: WAC02033-5XXXX... CAN SOMEONE TELL ME WHEN THE HELL IS INS GOING TO LOOK AT MY FILE!!!!!!!!!! (((((((((




On the same note with the economy going south, why not less Salary???Haven't they heard of paycuts?[
 
My advice? Just change the job

During the first year of my wait in 485 stage, I was concerned about the salary, RFE etc. etc. and it affected my career. I tried to stick to the GC sponsor as long as possible though the company was sinking down.
Now after two years, I am a free man without GC. I no longer worry about salary difference(it's 20% less than LC), AC21(changed two jobs after 180 days), location (Had to change service center). I do not have an attorney for a year now and did AP and EAD myself.

If I get my GC approved, I think everyone else will definitely get it.

WAC02064XXXXXX
 
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