different state and title less salary

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gc0402_cal

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I lost my job 2 months back(14 months after filing 485) .My job title was Sr Consultant and i was working in CA. Now i have got a job in east coast where salary is $10000 less and job title is Programmer/analyst. what kind of problems I can have if I make this change. Should i file for ac21?
 
well there are many ways to solve that use word "COMPENSATION" in your new offer letter. Talk to their lawyer. He would tell u to add your salary + benefits and would make it 10,000$ more.
The word compensation is good in AC21 offer letter. As it is wide meaning.
Still i would say talk to lawyer he would come out with good ans.
 
Wide difference between Sr. Consultant and Programmer. I suggest you talk to a lawyer before making any moves.

Though I would be inclined not to file for AC21 in your case, until RFE'ed because of the differences in Salary/position.
 
Originally posted by gc0402_cal
I lost my job 2 months back(14 months after filing 485) .My job title was Sr Consultant and i was working in CA. Now i have got a job in east coast where salary is $10000 less and job title is Programmer/analyst. what kind of problems I can have if I make this change. Should i file for ac21?
Click to expand...

Title is not so worrisome. Make sure your job description is same. If in CA, you were with a Professional Services firm or a "body-shopping" firm, then it is likely that for the same job description your title would be Consultant/Sr.Consultant/Principal Consultant, etc. So, dont worry too much on title, but make sure the job description is same.

As for low salary, is the cost of living in this new city on the East Coast is considerably less than here? Then, mostly the average salary in that city for this type of job also would be low. You can always explain that. But if you are going to NY/NJ or Boston, etc. then you might have to be very careful.

But, of course, less-paying job is any day better than no-job at all, so might as well take the risk.

And as for, "Should I file for AC21?" question - waiting for an RFE would be a better idea rather than volunteering to file AC21.
 
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In addition to the above - remember that the GC is for future employment. My lawyer had suggested (and it has worked, may I add) that the employer give a salary certificate for current salary (< LC wage) and state clearly that on approval of GC the LC wage will be paid.

This worked for several cases handled by him. However, I am not sure what happens during N-400 stage (if you opt for it), if your employer has not paid the LC wage on approval. So please confirm with your lawyer.
 
you may be just fine

the title does not matter. the job description does.
less salary you can argue that it is the east cost with lower salaries in general.
if the 0 tolerance memo withdrawn is true you shold be just fine.

IN ANY CASE CONSULT A GOOD LAWYER.
 
I believe that GCDreamz is correct. Salary should not be an issue since GC is for future job. Based on this the gap should not be an issue too. If strictly follow by definition of GC, my understanding is one can even stay home after file I-485, as long as one company is willing to be a sponsor and hire you in after GC. Anybody can confirm this? Thanks.
 
what my lawyer said....

It is true that your Employer can state that if the current salary is less than the LC, he can state that once GC is approved the Employee will be paid the LC salary.

Secondly, Job description matters - same or similar job. Title/designation is pretty fluid. However, you cannot jump from software consultant to VP of Product Marketing. Irrespective of Job Descritpion, there is a difference in function also.

Try to match the job description as closely as possible.
 
salary difference is not a big issue when using ac21 in different geographical region. even if you show 30k/40k difference you should be fine but with substantial documentation to prove the different.

key issue is the new (similar job) in the new location should be equal or above the prevailing wage in that place. there is a difference in working Los Angeles California and San Antanio Texas.

for the title issue its better to have consultation with good attorney. your labor approval copy will also be helpful in that discussion. usually when applying labor they use to put the similar occupation category also. try to work on that too.
 
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