I485 RFE - Help

B

bill1735

Registered Users (C)
I just changed job in one week by using EAD (of course after 6 months of I485). However, I get RFE. The current job (A) has $6,000 lower than that showed on I140. One company (B) is going to offer me the salary amount exactly on I140. (in the interview now). My questions are:

1. Should I submit current company(A) employment letter or waiting for the offer letter from company (B) as employment letter?

2. Can I change job between RFE submittion and Passport stamp?

3. Is there any requirement of the change jobs, such as 3 months, 6 months, etc. ?

Any input will be very appreciated.

Bill
 
If you have enough time for you to respond to your RFE, better do that after you hear from company B whether or not they will give you an offer. That way you'll have more options.

$6000 less salary is insignificant. I think you'll be fine with that salary as well. But if you respond RFE now and later join another company, it MAY be considered a fraud later on.

Suggest you talk to a lawyer. Above is my personal view on this situation.
 
RFE-I485

waitingformyGC,

Thanks for the input and help. I checked with my attorney he said I need to have salary at least to the amount on I-140. I am not sure it is absolutely true.

Bill
 
Wish you luck with the interview, Bill. If you do get an offer, of course that'll give you a better chance with regards to the I485 case. But even if you fail, ask your lawyer to fight for you.

There's a lot of discussions about current wage less than the one in the I140 petition. Before it's cleared out by BCIS, there's still chance to argue. Think about if one has to move to a lower average income state for a new job... Besides, like I said $6000 less is not too much difference.

My situation is much worse than you :-(

Wish both of us luck!
 
bill1735

I was told your salary has to be at least the amount on LC which is the prvailing wage for you position in your area. It doesn't make sense for BCIS to approve a salary less than that.

BCIS hasn't published the guideline for AC21, so nobody's sure about salary offered by changing jobs in different states or in different area within a state.

WaitingformyGC's comment is very subjective. $6,000 of $30,000 salary is much different from that of $60,000 salary.
 
I talked to Sheila Murthy about this very same subject few months back. She told me that according to the AC21 rule, the salary didn't matter as long as it is over the poverty guideline. The job responsibilities will have to be similar. Different lawyers seem to be interpreting this differently. :confused:
 
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