AR 21 -- New Job has lower base pay but comes with bonus package. Is it okay?

H

helge

Registered Users (C)
Would it be okay to change jobs using AR21 if the new job pays 10% below the salary stated in the labor certification if there would be a bonus package that would bring the annual salary up to the amount stated in the labor certification? Would that be acceptable in case of RFE?

Also, if the old job was in New York (cost of living fairly expensive) and the new job is in North Carolina (cheap). In case of RFE, would the savings in living expense allow to justify to the INS that the salary is lower compared to what was stated in the labor certification originally filed for a position in NY? Rent in NC would be $500-$750 cheaper - that's $6000-$9000 lower per year.
 
Doesn't matter. As per AC21 your new salaray need to be above the lowest set by Labor department in that state. Basically you should be able to prove that you are not going to become a public charge.

I hope your new salary is not like 30-36k. Make sure it is above 50k atleast (to be safe), then you should be fine.

Hope that helps...
 
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