Change jobs (I485 pending) with lower salary

G

GC2003

Registered Users (C)
Dear fellows,

Does anyone have successful (or sad) experience of
changing jobs with a lower salary than labor certificate?
A company's willing to give me an offer with 10% to 15%
lower salary (which is not bad in this economy). They
even said they could bump up my salary when INS request
comes (I guess when employment verification letter request
is issued).

My attorney told me it's a serious issue although there's
no clear regulation yet. So if the new company keeps their
promise, it really comes down to what the salary on the
offer letter should be.

Any insights?

Thanks a lot,
GC2003
 
I guess they care for similar job

I guess they care for same/similar job as far the title and responsibility goes..

best of luck,
Raj
 
job title and responsibility; visa transfer

Thanks Raj. It's always good to see some reply from the members. Do you think it makes any difference between doing contracting work and in house software development?

Also, if I do a Visa transfer at the same time, do I need to submit new approval to the I-485 case? Should I use the current attorney (who filed all my legal documents so far) or the attorney from the new company?

Thanks you so much,
GC2003
 
Yes, being an employee until GC approval is better than doing independent contracting
Not necessary. But if INS comes out with new guidelines about AC21 eligibility and procedures, you might have to.
Choosing an attorney is a personal choice. I am always comfortable with a lawyer whose bill I pay myself.
 
Thanks jaxen. I actually meant I'm currently doing contracting work and the nature of the new job is in-house development. Just wondering if that matters? I know what I really be doing seems very close (that's why the new company wants me at first place, I guess).

Also, my current attorney is very concerned about the salary, although many others (including attorneys) say it's not an issue.

- Can someone post their experience?
- How difficult to change an attorney? I also need to do EAD renewal and maybe other things as well.

Thanks a lot for the answers,
GC2003
 
Lower salary

Hi,

I recently received an RFE for employment verification on I-485 approval stage. The company that I'm currently working with is different that the one that filled I-485 application.

The salary is lower than the one mentioned in I-140. My attorney advise me to obtain the salary from I-140 approval, which is almost impossible (10%+ increase).

What did you do ? How much time do I have do send the RFE to INS ?

Thank you in advance !
 
Lower Salary..

As per Sheela Murthy, salary can be lower till its above the poverty line (u should not be a public charge).. She refers to some clarification INS came up with in JUly 2001. Checkout the website:
http://www.murthy.com/UDac21qa.html#8

Not sure whether contracting (consulting) is same as industry - actually would like to get more info on this myself.. I talked to a lawyer and he thought it was not.. Also checked out the definitions book prefered by INS and it has a definition called Consultant but was not very clear whether such cases would be guided by Consultant Job Title or Skills/Responsibilities mentioned in LC.. Would appreciate if you can keep all of us posted..

On lawyer issue, I agree with jaxen - better hire a lawyer u pay urself and more so, this being the last stage of long drawn GC process.. If I were u, I would hire a stellar lawyer who has handled AC-21 before...

my 2 cents worth..

-ab
 
Last edited by a moderator:
Promissing news from you

Hi,

My lawyer suggested to obtain the prevailing wage from my new employer, which is almost impossible, to make sure that my case will be approved.

She told me that the decision is up to the officer - If he/she
looks at the poverty guideline to make sure that I can support myself with my present salary, my case will be approved.

If the officer reads the initial Labor Cert and I-140 petition, he/she will deny my case.

So there is a risk involved ... I dont know which are my chances :(

Thank you for the response,
Vanessa
 
prevailing wage ?

when you say prevailing wage :
do u mean salary on LC/I-140 or wage for a job title as done during LCA (during H1B).

AC21 doesnot talk about matching wages with LC or I-140 to my knowledge.
 
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