abc94536 said:
Friends,
I am back with a question - As you know I already have used AC21 once and now with this new job which has similar position desc. as in my LC is having salary 80% more than what is there in my LC.
Will it be a problem?
When USCIS sends RFE do they want the complete past experience history or only the most current job EVL?
Thanks
There are several ways to justify the +ve difference in the salary.
1- Progressive experience
2- Skill upgrade, Update, Enhancement, change of technology, etc, from the day the LC was accepted
3- Location
4- Cost of living
5- Re-adjustment of perks, package, benefits
6- New-born in the family
7- Additional expenses required for education of family meber
etc., etc., etc., etc. are some of them
These are real situations, USCIS accepts them if represented by a good attorny.
The major concern of the AC21 is that the new job should be
- same field (IT to IT and NOT IT to Medicine)
- similar (Develpment to Development and NOT Development to Managerial)
The new-released AC21 mentions that higher salary is not the guide line to reject or to deny application.
What triggers scrutiny
- Small and unknown company
- Pending I-140 application
- Location/HQ of company
- Change of jurisdiction
etc..
Once again, a good attorny tackles with all hardles and takes care of all scenario while preparing the case. AC21 is like a remaining tail of a elephant that has to cross through. Attorny makes it possible.
Otherwise, it is so simple an applicant can do it by him/her self.
USCIS knows better.
