Test_Forum_User
Registered Users (C)
Hi,
I am just browsing a web site for salary issue with AC21 and I found the following anwsers (different opinions) by same lawyer.
************* ANWSER1 ************************
Generally, it may be okay if it is lower since the main concern of the USCIS is that the job duties should be the same or similar. If there is a great variation in the salary, the government’s concern is that the job may no longer be the same job. Our law firm has recently received an approval where the salary difference was about 35% lower since we were hired by the person at the appeal stage. It is important to argue the points within AC21 and present the case as a strong approvable case, even with a different salary.
****************** ANWSER2 ********************
Generally, a higher salary should not pose a major problem. The issue that the USCIS appears to raise is to ensure that the new job with a much higher or lower salary is, in fact, the "same or similar" job that is required to obtain the GC approval under AC21 law. If one is able to establish that requirement, the USCIS position shared with us verbally, during various AILA meetings, appears to be that the I-485 should be approved since AC21 does not, itself, contain any other restrictions.
***************** ANWSER3*******************
No one is 100% sure, since the USCIS has not stated that a particular salary is mandated under AC21 law. In the June 2001 Legacy INS Memo, they said only poverty limit considerations apply. Then they changed their position earlier this year, in 2003, to state that if the salary is different it may no longer be the "same or similar" job. So that is a possible issue of concern. We have generally not found minor salary variations to prevent the I-485 from being approved.
I am just browsing a web site for salary issue with AC21 and I found the following anwsers (different opinions) by same lawyer.
************* ANWSER1 ************************
Generally, it may be okay if it is lower since the main concern of the USCIS is that the job duties should be the same or similar. If there is a great variation in the salary, the government’s concern is that the job may no longer be the same job. Our law firm has recently received an approval where the salary difference was about 35% lower since we were hired by the person at the appeal stage. It is important to argue the points within AC21 and present the case as a strong approvable case, even with a different salary.
****************** ANWSER2 ********************
Generally, a higher salary should not pose a major problem. The issue that the USCIS appears to raise is to ensure that the new job with a much higher or lower salary is, in fact, the "same or similar" job that is required to obtain the GC approval under AC21 law. If one is able to establish that requirement, the USCIS position shared with us verbally, during various AILA meetings, appears to be that the I-485 should be approved since AC21 does not, itself, contain any other restrictions.
***************** ANWSER3*******************
No one is 100% sure, since the USCIS has not stated that a particular salary is mandated under AC21 law. In the June 2001 Legacy INS Memo, they said only poverty limit considerations apply. Then they changed their position earlier this year, in 2003, to state that if the salary is different it may no longer be the "same or similar" job. So that is a possible issue of concern. We have generally not found minor salary variations to prevent the I-485 from being approved.