Approved: RD 11/23, RFE, AC21, sal < labor

P

phaedrus_1

Banned
My case was approved today per online status check.

I lost my job in January. Joined new employer in Feb (one month gap) with diff title but same job duties with 30% less salary than what was filed in labor.

Received RFE for paystub, tax stmts and employment letter on March 10.

RFE received by BCIS on April 21.

Thank you everyone for the support. It's a wonderful group.

Phaedrus
EAC-02-61-5****
RD : 11/23/01
ND: 12/??/01
RFE: 03/10/03
RFE Rcvd : 04/21/03
AD: 05/01/03
 
Congratulations !!!

Could you please let us know how many months payslips did they ask and was there any gap ?

Thanks in advance.
 
Congrats,
Even me RFE CASE. INS received my reply on 30th apr.
Hope I will get approved in a week like you.


get_card
 
Please reply

could you please tell me if you had mentioned AC-21 provision in any of your replies to RFE, maybe in the covering letter or lawyers covering letter.

Thanks and Regards
Raj
 
Congratulations..
BCIS too is sensible and guess it knows w/ the weak economy
LC Salary and Current Salary cannot be matched always..!
Good Luck ;)
 
Answers to your questions

? Any Gap?

Yes, I had a month gap in employment.

? How many months pay stubs?

BCIS asked 3 months, I sent 1.5 month from new employer and 6 month from old employer.

?AC21?
I did not inform BCIS earlier. When they sent RFE I sent employment letter (very simple with 2 lines on my job duties - very generic).

?sal< labor?
According to my lawyer that was not going to be a big problem.
I had another problem too. My labor was file at very high salary. After economy collapse, my old employer reduced my salary by 15%. So I was not paid salary my employer promised in labor ( and as a metter of fact - H1B petition) .
My lawyer thought that as an issue. So she she sent also my paystubs before change and explained the cut in cover letter.


I have updated rupnet with id phaedrus.
I would be happy to answer any further questions you might have.

All the best,
Phaedrus
 
Hi phaedrus_1,
Good Post. Good Title. It helps a lot of people. Now all doubts are
cleared regarding salary issues for AC21. Nobody need to worry about salary while changing job.
Wish you good luck. Thanks for sharing your information.

-Satish.
 
Thanks

As always this site is a wonderful responsive site. Once again I just want to confirm, in your reply to RFE nowhere you had emntioned the AC-21 clause or said that you changed job hence the paystub/emp letter is from new employer. Is this correct. Is it that the IIO understands that we are opting AC 21 when they see the payslip company diff to the company which originally filed LC---485.
And yes I had been too self-centered. My worry crowded mind forgot to congratulate you. I wish you all the best in you future

Thanks and Regards
Raj
 
Good to hear an AC21 approval which is a constant source of tension for me. Hearty congratulaions on your approval.
 
Re: Answers to your questions

Originally posted by phaedrus_1
Click to expand...

?sal< labor?
According to my lawyer that was not going to be a big problem.
I had another problem too. My labor was file at very high salary. After economy collapse, my old employer reduced my salary by 15%. So I was not paid salary my employer promised in labor ( and as a metter of fact - H1B petition) .


My case is frighteningly similar (down to the "15%" cut) . Only difference being I am still with the same company. Sure we don't work for the same company? :)...nah..I am one of 2 non-citizens working here


My lawyer thought that as an issue. So she she sent also my paystubs before change and explained the cut in cover letter.
Phaedrus

Appreciate the tip.

Thanks much!
 
Last edited by a moderator:
phaedrus_1 ,

Was your 30% cut still above the pay for the job category?

It does not matter if you made $100K (or your employer mentioned $100K) and were later paid $70k as long as it is more for the job category. If the job category you filed, for example is set at $50K by the DOL statistics for the region, it does not matter what your employer mentioned in LC and later paid, as long as it is >= $50K.

arun_parv, try to find out what is the min. required wage for your job category mentioned in your approved LC.
 
did you change addresses also

when you took the new job for AC21. Thanks for the info about AC21 not being a problem.
 
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