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How low can you go on salary while changing jobs on EAD?
- Thread starter Suresh T
- Start date
The officer checks the pay stubs
which u have submitted - If there is more than 10 percent difference between the salary that is specified on labor/I-140 and you r working for the same company then he may definitely object because this goes to show that the company may not give the salary specified in the Labor/I-140 to the GC holder when the case is adjudicate and that the case is fraudulent.
But if You are working elsewhere and plan to join the employer who has filed for your gc then he will check what is your job in gc application and what is the job that u r currently working at and for how much salary - Major differences in job title and job salary will make the case suspicious. I dont recommend working for less than 10 to 15 percent of the salary specified in Labor/I-140
Hope this helps.
Please note this is my personal opinion and should not constitute as a legal opinion. Please check with your attorney.
which u have submitted - If there is more than 10 percent difference between the salary that is specified on labor/I-140 and you r working for the same company then he may definitely object because this goes to show that the company may not give the salary specified in the Labor/I-140 to the GC holder when the case is adjudicate and that the case is fraudulent.
But if You are working elsewhere and plan to join the employer who has filed for your gc then he will check what is your job in gc application and what is the job that u r currently working at and for how much salary - Major differences in job title and job salary will make the case suspicious. I dont recommend working for less than 10 to 15 percent of the salary specified in Labor/I-140
Hope this helps.
Please note this is my personal opinion and should not constitute as a legal opinion. Please check with your attorney.
Are there other people who have such an experience...pls. post
I am being offered 23% less salary than the one specified in labor my certification and I-140. I don\'t know how one I deny any offer given current economic condition.
some with similar experience please post...
I am being offered 23% less salary than the one specified in labor my certification and I-140. I don\'t know how one I deny any offer given current economic condition.
some with similar experience please post...
There are no implementing regulations for AC21 but
INS has implied that salary will not matter as long as the position is similar and the salary is above the poverty line. However, if the wage is hugely different, INS would have good reason to question whether the position is really similar. Obviously, as salary change from $100,000 per year to $30,000 per year makes the similarity very questionable.
Twenty three percent probably doesn\'t preclude approval, although it could raise questions. It probably depends on the INS officer adjudicating the case.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
INS has implied that salary will not matter as long as the position is similar and the salary is above the poverty line. However, if the wage is hugely different, INS would have good reason to question whether the position is really similar. Obviously, as salary change from $100,000 per year to $30,000 per year makes the similarity very questionable.
Twenty three percent probably doesn\'t preclude approval, although it could raise questions. It probably depends on the INS officer adjudicating the case.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
another point that I would like to mention.
AC21 has no limitation on where you can work geographically as long as the job is the same /similar. If your new job is in another state then it is expected that there will be a salary difference. A position that will be paid 70k in florida can pull in 100k in california.
AC21 has no limitation on where you can work geographically as long as the job is the same /similar. If your new job is in another state then it is expected that there will be a salary difference. A position that will be paid 70k in florida can pull in 100k in california.
rsrgc - Murthy has been going back and forth on this issue for a year now
Sheela Murthy has sometimes been saying the you can do as you wish as soon as you file the I-485 so long as the I-485 remains unadjudicated for 180 days and at other times she says that the law is in flux, there are no implementing regulations for AC21, but that the employee "should" be ok as long as the case has been unadjudicated for more than 180 days. Now she\'s having cases denied (apparently) and saying that they should be appealed. Maybe, but appeals take a LONG time (and cost alot in attorney fees) and how does the person stay in status if the H-1 time has expired?
Like I\'ve been saying from the beginning, don\'t take any chances if you have a choice. People have waited years, sometimes many years, got get to the final stage of the GC process and to risk it all falling apart based on a possibly erroneous interpretation of a law without any implementing regulations is not a good idea if you ask me. Of course, all this assumes that the person has a choice, if the person is terminated 2 months after the I-485 is filed there\'s not much to do but to take the aggressive approach and fight like Hell until a final resolution is reached and then appeal if there\'s any benefit of doing so.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
Sheela Murthy has sometimes been saying the you can do as you wish as soon as you file the I-485 so long as the I-485 remains unadjudicated for 180 days and at other times she says that the law is in flux, there are no implementing regulations for AC21, but that the employee "should" be ok as long as the case has been unadjudicated for more than 180 days. Now she\'s having cases denied (apparently) and saying that they should be appealed. Maybe, but appeals take a LONG time (and cost alot in attorney fees) and how does the person stay in status if the H-1 time has expired?
Like I\'ve been saying from the beginning, don\'t take any chances if you have a choice. People have waited years, sometimes many years, got get to the final stage of the GC process and to risk it all falling apart based on a possibly erroneous interpretation of a law without any implementing regulations is not a good idea if you ask me. Of course, all this assumes that the person has a choice, if the person is terminated 2 months after the I-485 is filed there\'s not much to do but to take the aggressive approach and fight like Hell until a final resolution is reached and then appeal if there\'s any benefit of doing so.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
fabolous
what about location
If the sponsoring location is Bay area and you are offered a job in a different area maybe your lawyer can explain that cost of living is different and that is the reason that 23 percent decrease and also that due to market conditions yada yada yada
what about location
If the sponsoring location is Bay area and you are offered a job in a different area maybe your lawyer can explain that cost of living is different and that is the reason that 23 percent decrease and also that due to market conditions yada yada yada
its in southern california...
also from what i gathered by doing some job market research...it looks like the new salaries have gone back to their 97-98 levels. engineers getting 6 figures so far are being offered 25-30% lower salaries, which doesn\'t mean that they have lost their intellectual value. i guess its just tough market conditions and companies\' unwillingness to pay more.
also from what i gathered by doing some job market research...it looks like the new salaries have gone back to their 97-98 levels. engineers getting 6 figures so far are being offered 25-30% lower salaries, which doesn\'t mean that they have lost their intellectual value. i guess its just tough market conditions and companies\' unwillingness to pay more.