Help with I485 and AC21

D

deepster

Registered Users (C)
Here's the situation.

My wife is the primary application. We filed for our I485 in Aug, 2002. about 6 months after filing my wife switched jobs, same title, salary about 5% less than labor cert. We did not file for an AC21 at that time.

Recently my wif'se salary got reduced to now where even though the title is the same the salary is 20% less then on orginal labor.

My questions is if we do get an RFE would this be a problem if we respond RFE with AC21?

Also my wife is pregnant and she will be on maternity leave for 3 months without pay. What happens if we get an RFE during this time and can't show the most recent months receipt?

Very aggravated. Any help greatly appreciated.

thanks

sandeep
 
Help with I485 and AC21

Even I am in a similar situation. I filed my I-485 in Aug 2002 and my I-140 is approved in June 2002. I am working for a consulting firm and my client offered me with a full time job. There is no problem wth the job description and job title, but the problem is with salary offeredm which is less than 5% that was mentioned on the labour. My client is willing to offer the salary that was mentioned on the laobout upon getting my green card.

Is it safe to change job in this situation.
 
Last edited by a moderator:
Originally posted by deepster
Here's the situation.

My wife is the primary application. We filed for our I485 in Aug, 2002. about 6 months after filing my wife switched jobs, same title, salary about 5% less than labor cert. We did not file for an AC21 at that time.

Recently my wif'se salary got reduced to now where even though the title is the same the salary is 20% less then on orginal labor.

My questions is if we do get an RFE would this be a problem if we respond RFE with AC21?

Also my wife is pregnant and she will be on maternity leave for 3 months without pay. What happens if we get an RFE during this time and can't show the most recent months receipt?

Very aggravated. Any help greatly appreciated.

thanks

sandeep
Click to expand...


Although, I do not think, the salary is a big problem due to the bigger issue of the economy being down - People have taken a lot of paycuts to stay employed; I am not sure.

Maternity leave falls under FMLA (Family medical leave act) as such should not and will not cause a problem as long as you can produce the most recent paystub before the leave , and also some proof that she was on a Maternity leave and will be joining the same compay after the period.
The company also cannot terminate her employment leagally during this period as she is covered under this Act (law)

Hope that helps.

Disclaimer:
I am not an immigration attorney, please consult one for your immigration realated issues. Any action take or inaction thereoff is at your own risk.
 
follow up

Thanks for all the comments...

In the past I think I did read some cases here which got approved with 40% less salary..

Considering GC is for future employment not even sure why USCIS should ask for paystubs...

It looks like there is no option but to take this risk. Does anyone know of any case that got rejected because of low salary ?
 
Help with I-485 and AC21

Thank you guys for sharing your thoughts on this topic. Last time, when I spoke to my immigartion attroney, she said, the INS (whatever it is called now) is strict about the salary that was mentioned on the LC. I will try to talk to her again on Monday and see what she says, but in the meantime, if you guys know of any information regarding AC21 and the salary on the emntioed on the LC, please let me know



Thank you,
AKFL
 
You must log in or register to reply here.
Top