AC21 - Salary difference and Title change

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nanba

Registered Users (C)
Hello Ginnu, SaiGC and others

I recently took up a new full time position with another company with the title of Architect and a salary of $130000 based in North California. I was employed by previous company (also from North California) since 2002 as a senior Engineer with a salary of $80K (as quoted in LCA) which also happen to file my GC. My PD is EB3 Aug 2002. I got my I140 approved in Jun 2006 and since then I have had two extensions of EAD/AP through the old employer.

My questions are:

1. There is a difference of $50K between the salary quoted in LCA ($80K) back in 2002 when GC was filed originally and the salary I am getting now ($130K). One other point is that, during my tenure of 8 yrs with the previous company, my salary gradually increased from $80K to $110K.
2. I have moved from a senior Engineer title to Architect however the job description remains the same i.e. same job role/responsibilities.

Will the above points be the reasons for denial when filing AC21?
 
nanba said:
Hello Ginnu, SaiGC and others

I recently took up a new full time position with another company with the title of Architect and a salary of $130000 based in North California. I was employed by previous company (also from North California) since 2002 as a senior Engineer with a salary of $80K (as quoted in LCA) which also happen to file my GC. My PD is EB3 Aug 2002. I got my I140 approved in Jun 2006 and since then I have had two extensions of EAD/AP through the old employer.

My questions are:

1. There is a difference of $50K between the salary quoted in LCA ($80K) back in 2002 when GC was filed originally and the salary I am getting now ($130K). One other point is that, during my tenure of 8 yrs with the previous company, my salary gradually increased from $80K to $110K.
------------------ Salary increase is not a problem for AC21.
2. I have moved from a senior Engineer title to Architect however the job description remains the same i.e. same job role/responsibilities.
---------------They care about Same/similar job duties.
Will the above points be the reasons for denial when filing AC21?
-----not a problem.
Click to expand...
if your country of Birth is India , EB3 PD Aug 2002 then it is going to take time for I-485 approval. you can invoke AC21 when you get 2-3 pay stubs or any time Before I-485 approval. Take the service of New employer Lawyer to file AC21. REVOKE the G28 filed by past lawyer wrting to USCIS or if you hire company Lawyer then He/she can send new G28.
 
ginnu said:
if your country of Birth is India , EB3 PD Aug 2002 then it is going to take time for I-485 approval. you can invoke AC21 when you get 2-3 pay stubs or any time Before I-485 approval. Take the service of New employer Lawyer to file AC21. REVOKE the G28 filed by past lawyer wrting to USCIS or if you hire company Lawyer then He/she can send new G28.
Click to expand...

Thank you for your response. Yes, my country of birth is India. Regarding lawyer, I am seeking the help of a different lawyer (not the previous company lawyer or the current company lawyer), a independent lawyer purely due to cost. The previous and the current one charge close to $2K for filing AC21 and my current employer says that he wont pay for the expenses. The independent lawyer charges 1/3rd of the $2K.

I dont think USCIS will have a concern if I file through a different lawyer. Right?

PS: As for the EAD/Ap renewal, current employer will take care of the expenses and I believe it might be good to invoke G28 as suggested by you. The problem now is only with the AC21 filing expenses.

Thanks
 
nanba said:
Thank you for your response. Yes, my country of birth is India. Regarding lawyer, I am seeking the help of a different lawyer (not the previous company lawyer or the current company lawyer), a independent lawyer purely due to cost.
The previous and the current one charge close to $2K for filing AC21
-------Why $2k. you can directly file AC21
and my current employer says that he wont pay for the expenses.

The independent lawyer charges 1/3rd of the $2K.
------------------Many lawyers charge $500.
I dont think USCIS will have a concern if I file through a different lawyer. Right?
------USCIS don’t have Problem if you file directly or through Lawyer A or B or C or don’t use any lawyer. They just need Copy of your I-485 filing receipt+ same/similar job duty permanent job offer+ Cover letter to invoke AC21 with your pending I-485 reciept numberXXXXXXX. Your A#12345678 , your DOB……, Name…… Address….. Signature, date on cover letter (keep the copy of each document you send to USCIS.

PS: As for the EAD/Ap renewal, current employer will take care of the expenses and I believe it might be good to invoke G28 as suggested by you.
-------if He send G28 then he may send G28 for your all immigration matters and that will includes I-485.
The problem now is only with the AC21 filing expenses.
---------------------------File AC21 directly or through your lawyer
Thanks
Click to expand...
------------------------------
 
what is the procedure to invoke G-28 for pending I-485 after job change using AC-21? Any advice would be greatly appreciated.
Thanks
 
nanba said:
Hello Ginnu, SaiGC and others

I recently took up a new full time position with another company with the title of Architect and a salary of $130000 based in North California. I was employed by previous company (also from North California) since 2002 as a senior Engineer with a salary of $80K (as quoted in LCA) which also happen to file my GC. My PD is EB3 Aug 2002. I got my I140 approved in Jun 2006 and since then I have had two extensions of EAD/AP through the old employer.

My questions are:

1. There is a difference of $50K between the salary quoted in LCA ($80K) back in 2002 when GC was filed originally and the salary I am getting now ($130K). One other point is that, during my tenure of 8 yrs with the previous company, my salary gradually increased from $80K to $110K.
2. I have moved from a senior Engineer title to Architect however the job description remains the same i.e. same job role/responsibilities.

Will the above points be the reasons for denial when filing AC21?
Click to expand...

So Did you file AC21? If so did it get approved?
I'm also in the same state and what like to know what was the outcome.
Thanks,
Manoj
 
irainesan said:
what is the procedure to invoke G-28 for pending I-485 after job change using AC-21? Any advice would be greatly appreciated.
Thanks
Click to expand...

do you mean Revoke G28? if I-485 was filed by lawyer then lawyer sends G28 with your signature and it means that layer represent you for your I-485. if you dont want that lawyer to represent you then you can write letter to USCIS with your Name, DOB, A#, I-485 filing reciept Number, your present address and signature+attach the copy of pending I-485 reciept. Write to USCIS that Lawyer XYZ no more represent you and you revoke the form G28 sent with I-485 and any future comminication from USCIS should be sent to you directly on your address ABCCCCCCCCC.
Send the letter to USCIS service center where I-485 is Pending. Keep the copy of your letter that you send to USCIS. Out side the envelope write in big bold letters" Request to Revoke Form G28"
 
I am in exactly same situation as OP. I am in WA state.
Here's additional twist to my situation - the new employer has asked me to sign following letter - Is this legal and/or safe to sign my-life / GC away ?? Shouldn't this new employer at least state that - they will act in "good faith" and help with any RFE related to my GC application in following letter ??

Statement of Understanding

I, firstName, LastName, hereby affirm that I am joining XXX Corporation (“xxx”) pursuant to the AOS portability provision of the American Competitiveness in the 21st Century Act (“AC21”). Although I am aware of the potential risks, I nonetheless desire to attempt to preserve my eligibility for adjustment of status (“AOS”) to U.S. lawful permanent residence (“green card” status) by relying on the AOS portability provision of AC21. I have had ample opportunity to consult with an attorney of my choice to advise me on my legal rights and potential disadvantages if I rely on AOS portability. I desire nevertheless to be considered for employment by “xxx”. I therefore confirm my understanding of, and complete agreement with, the following statements:

A. My decision to apply for employment with “xxx” and at the same time to rely on AOS portability as a means of attempting to preserve my opportunity to obtain U.S. lawful permanent residence is completely voluntary on my part;

B. I disclaim any responsibility or liability on the part of “xxx” for any decision I make concerning AOS portability and release the company from any and all resulting damage my family and I may suffer;

C. To the best of my knowledge and belief, my AOS application has remained pending but undecided at the INS, my current or former employer who sponsored my employment-based permanent residence has not requested withdrawal of my I-140 petition, withdrawal of my approved labor certification, or substitution of another alien into my labor certification, and neither the INS or DOL has revoked my labor certification or I-140 petition;

D. I am fully aware of the inherent risks if I rely on AOS portability, including the risk that my own and my family’s applications to adjust status to permanent resident might be denied or revoked, and that my family and I may be required to depart the United States on a temporary or permanent basis; and

E. I solely accept responsibility for the possibility of an adverse outcome if I rely on AOS portability as a basis to try to preserve my own and my family’s eligibility for U.S. lawful permanent residence (“green card” status).



_________________________________________
FirstName LastName

_________________________________________
Date
 
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