Changing Employer - Please Advice

[GC_seeker_CA]

Hello All,

All you Gurus here who have been sharing your ideas with so many others, please let me know what your thoughts are:

My case:
I 140 Approved. I 485 pending > 180 days ( 9 months to be exact)
At the time I received LC , my salary was 85,000 in Silicon Valley, California.
Now I have an offer from an employer in Phoenix, AZ. The salary offered is 73,500.

The job description and responsibilities are same as my current job in California. The job TITLE for the Phoenix job is EXACTLY the same as my current job in California:

Questions:

1) Can I use AC21 portability ?
2) Since the pay is lower, will there be any issues ?
3) The Law Firm that has all the copies of I 1485, I 140 receipts reports only to the immigration dept. for my Current employer since the Company pays the Law Firm. Do I have any rights to the receipts in case the Law Firm does not want to help me with AC21 ?

I appreciate your comments, suggestions.
Thanks much.
GC_seeker_CA

 

[amcom]

I'm in same boat

And i started this thread a little while ago. check it out.
http://boards.immigration.com/showthread.php?s=&threadid=109876

What matters is how much salary did your lawyer stated in your Labor certification.

If its stated 85K then according to my american lawyer ( i spoke to her today again on same matter) you can afford to take a new job as long as your new salary is with in 5% below. If its higher then no problems.

In your case if stated is 85k then your new salary should be atleast $80,750.

In my case we reported way less 60k on LC and LC came back and asked us to revise salary 76k based on job code in MN and they, LC, also stated that employer should agree to pay that amount or atleast 95% of that amount.

I'm telling you this because i just had this experience and its fresh in my mind.

If your stated salary is less then 85K then your new salary shud be atleast 95% of it.

Otherwise you can always ask your new company , if they can, to give you increments till RFE comes.

hope this helps. don't mean to scare you. INS aware of the weak job scene so chances are that they may not even Q on salary to be in 95% range. Some members have given views that INS only cares about stable job.


K.