AC21 Question for UN and other gurus !!!!!!!!

[keep_guessing]

Hello all,

Here are the details of my case
LC filed Dec 2001 Approved May 03 (Virginia)
140/485 filed May 03 -- 140 Approved May04, 485 pending
Proferred wages on LC = 75K

here is my situation...My company will lay me off due to filing of bankrutcy

I have got an offer of 60K from another consulting company base in IOWA.

Now ....My question is can I use AC21 to move to this comany

My issue here is ...Will a difference of 15k less that the proferred wages on LC
make/break my 485 approval...I mean, any danger of 485 not getting approved because of this !!!!!!!!!!!

Also while sending EVL ....should I mention my salary in this new company !!!


Experts please let me know

Thanks
Rick

 

[keep_guessing]

Rick, the most conservative lawyer will tell you that the ac21 job has to be in the same location, same salary, same duties. However, as we are all aware this is not practical and all we have to go by is same/similar job requirement for ac21.

It doesn't seem that you have any choice but to leave current employer and it seems this is the best opportunity for you. There are many, many postings on the boards of people who have changed jobs using ac21 and their salary was higher or lower then proferred wage of the position. They didn't seem to have any issue when sending in EVL to uscis and getting approved.

My personal feeling is that if you are going to invoke ac21, don't bother notifying uscis unless asked for in an RFE. If uscis ever challenged the salary being too low it would be upto you to prove it is same/similar job as the one on the 140. Since DOL has different salary information by state for same jobs it should be easy for you to show that your current job in iowa is equivalent to the pay for same job in location you are coming from.

Thanks UN for your prompt response....

 

[Jharkhandi]

Although you have asked for gurus to reply, I will still respond you.

To use AC-21 job need not be in the same location - there is no such point in AC-21. You can use the wage determination of Iowa for your job category. Compare it with what was mentioned on your LC for your job in VA (do not forget to match the year too.). This is a valid and defendable point. Salary in NY City is bound to be different than that in North Dakota. Also do not forget that unto 10% less is considered good match.

Next try to find out what will be job code for your new job as per SOC table. See how good it matches with the one mentioned on your LC. You would need help of a lawyer and your employer to fit your offered job profile to match that on LC - but no big deal.