AC21. relocation & Future job issue ?

P

perm_lc

Registered Users (C)
I do not know, if any one come accross this or know more about this issue..

I have joined my employer 4 years back in H1 status. After 2 years they started GC process in the state where I was working. When my lawyer started LC process, the prevailing wage was 5k higher than h1b wage. He told that my employer needs to pay PW only after I receive GC in hand. Furthermore my LC and H1B duties are same and both falls in same job classification as per ONET. In this situation, now my question is, "Is my GC job a new or future job?"

Last year my LC was approved. We applied 140/485 concurrently. Now 140 was approved and 485 is pending more than one year. Still I was getting 5k less than PW (H1B salary). Now my employer relocated me to different state from where the LC was filled. Now I started using EAD. Also, I am getting more salary than PW, due to fact that I relocated to very expensive state. Still I am working for same employer. Since I moved from the state where LC was applied, it is a AC21 job change, though I work for the same employer, and doing the same job function as mentioed in LC or I-140.

My question is as I have not received PW in the GC sponsered place, will it be any issue arise in 485 adjudication? Am I worrying too much?

Experts thro some lights ...
 
If the 140 is already approved then there are very few (rare) chances of you getting a RFE for Ability to pay.
As your 140 is approved and 485 pending for >180 days, this job change will be considered AC21 with the same employer.

Overall I do not see any issue with your GC.
 
EricS said:
If the 140 is already approved then there are very few (rare) chances of you getting a RFE for Ability to pay.
As your 140 is approved and 485 pending for >180 days, this job change will be considered AC21 with the same employer.

Overall I do not see any issue with your GC.
Click to expand...

Thanks! My concern is not the ability to pay. My concern is the job change with respect to AC21. As I have not received prevailing or GC wage before the job change, will it become an issue in 485 processing?
 
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