AC21 wage below prevailing

N

nhats

Registered Users (C)
Hi, I mistakenly post this in another area. I did not realize that this forum is created.

Anyway this is my post :

I got a question, I am petitioned by a CPA Firm. Unfortunately, my boss died and the company is being closed. I tried to look for a job, unfortunately the only one I could find is as an accountant in a dental office.

the current wage offer is below the prevailing labor certification wage. SEcond, in the labor cert. it states that I:

am under direct supervision of certified public accountant, she performs standard functions of an accountant pertaining to the preparation of tax documents and financial reports in a computerized environment.

----------------

I will be the accountant in the dental office. Obviously I am not under the direct supervision of a CPA. I doubt that I will be preparing any tax documents, but I will probably be preparing some monthly financials for the company.

Will my 485 prosper? Will I have any problems? Can I accept this job. I really want to take this in, I don't want to be unemployed :( Plus the people here will be willing to continue my current I-485.


Would appreciate your response.
 
--------------It would have been better if you had posted if your I-140 is approved or not. When it was filed, when your I-485 was filed? What is the salary on approved LC that was approved for past employer, what new employer is ready to pay? Did you have the copy of approved LC? If not get it from lawyer who filed LC or from past employer office if they have copy of approved LC.
If your I-140 is approved AND I-485 pending more than 180 days then you can use AC21. The BCIS August MEMO regarding AC21 does not say anything regarding salary issue. If my I-140 is approved and I-485 is pending more than 180 days I will join the new employer and at the same time will look for other good job. New employer has just to provide you a letter that he has permanent job offer and he should write on letter the same skill/job duty as on approved LC. If he is not ready to give you this kind of letter just join him and look for better job then send the AC21 letter or intent change letter to BCIS. You can send the info any time before I-485 approval or once BCIS sends RFE (after 18- 22 months from I-485 filing date)
Hi, I mistakenly post this in another area. I did not realize that this forum is created.

Anyway this is my post :

I got a question, I am petitioned by a CPA Firm. Unfortunately, my boss died and the company is being closed. I tried to look for a job, unfortunately the only one I could find is as an accountant in a dental office.
----- Ask them to provide a letter that they have SAME job offer as on LC
the current wage offer is below the prevailing labor certification wage. SEcond, in the labor cert. it states that I:

am under direct supervision of certified public accountant, she performs standard functions of an accountant pertaining to the preparation of tax documents and financial reports in a computerized environment.



I will be the accountant in the dental office. Obviously I am not under the direct supervision of a CPA. I doubt that I will be preparing any tax documents, but I will probably be preparing some monthly financials for the company.

Will my 485 prosper?
------- YES, if I-140 approved and I-485 pending more than 180 days AND you got the job in SAME/Similar field
Will I have any problems? Can I accept this job. I really want to take this in, I don't want to be unemployed Plus the people here will be willing to continue my current I-485.
----- they have nothing to do with your I-485 is belongs to you. They just have to provide you letter for future permanent job offer that should be same/similar that has been written on your approved LC
 
I-485

I got an approved i-140. I-485 has been pending for 15 months. So I could AC-21. My only worry is that my duties here in the dental office will be different as my duties in the public accounting office. I will be doing accounting work obviously but it's just that, I will not be supervised by a CPA (as stated in LC) nor will I be preparing any tax documents. (as stated in LC). I do believe that I will be preparing financial documents though (as stated in LC) probably going to do some billing and paying of payables. (not stated in LC).

That is really my worry and that the salary is 5.25 an hour less than those approved in the labor certification wage.
 
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