I485 Denial based on salary

G

guptatushar

Registered Users (C)
Hi Gurus,
Have you ever heard of INS denying I485 on the basis of new job offering less salary then specified in the labor after completing 180 days of I485 filing.
Thanks
 
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AC21 : Ability of Substituted Employer to Pay Wages

AILA members advised ISD that at least one INS Service Center is making inquiries regarding the ability of the new employer to pay the wage stated on the labor certification in cases where the foreign national is attempting to gain approval of an Application for Adjustment of Status (I-485) based upon the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows for the approval of I-485s based upon employment other than that stated on the underlying labor certification, if the I-485 has been filed and remains unadjudicated for at least 180 days. In order to qualify, the position must be the same as, or similar to, the position described in the application for labor certification. AILA argued that inquiries about the new employer’s ability to pay are improper and irrelevant to the AC21 considerations.
 
First of all this 180 days thing comes into picture when you switch the job. If you stay with the sponsoring employer, your employer MUST agree to pay you wages mentioned in labor certificate. Theoritically, this event will occur in future, its ok not to pay those wages right now until the GC is approved. However, INS may not take this positively (if you can't pay those wages now what is the guarantee you will pay later....).

If you switch the job, minor deviation in salary might be ok. Major changes (in either side) will indicate that the job is not same/similar.
 
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