AC21 Same job ....but

[PHSESAaug]

I have an offer from a new company in the same/similar category to invoke AC21. But the salary is nearly double, will it cause a problem?

1. My original 485 was filed 5 years back and I have accumulated more experience.
2. The new job is in a high cost area.

What do you guys think?

Thanks.

 

[banta4gc]

I would say - make sure the offer letter that you provide...
does not differ very much from the wage offered on the Labor (Part A)

based on 3(C) below.....

Question 3. What is “same or similar” occupational classification for purposes of I-140
portability?
Answer: When making a determination if the new employment is the “same or similar” occupational
classification in comparison to the employment in the initial I-140, adjudicators should consider the
following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of
the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have
a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for
an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or
SOC code, whichever is appropriate for the new position to make a determination of “same or
similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this
section for further clarification).