Immediate advice please - 35% higher salary and AC21

A

anand pandey

Registered Users (C)
One of my friends need urgent advice. He is getting over 35 percent higher salary over the salary mentioned on LC from a publicaly traded big company. Every thing remains the same including Job description, geographical location etc except salary and title. He has to make decision in a day or two maximum. Currently this poor guy has been heavily under paid. This offer is from top 10 software house and he needs immediate advice before he makes decision. His I-485 pending more than 13 months now. Current employer willing to continue GC processing as well. Is there any risk? Kindly advise ASAP. Regards
-Anand :confused: :confused:
 
Last edited by a moderator:
Make sure your friend (and the lawyer) can make the case that the jobs are of at least similar classification. Getting more money can be a problem is INS suspects the jobs are dissimilar. There are no precedences (that myself or my lawyer is aware of) of denials based on salary alone. Getting more is definitely better than getting less and also check cyrus mehta's analysis on the salary.

http://www.immigrationportal.com/showthread.php?s=&threadid=93273

look under AC21 stuff
 
Not an issue as long as you prove that the jobs are similar wrt tasks, responsibilities. The labor cert was 20K lower than my salary when my papers were filed few years ago...
 
Thanks every one who replied

My friend has decided to join the new company. The HR of the new employer is willing to issue a letter directly to INS (now or later) without involving any Attorney with same job description and incresed salary. Will it be OK? The existing employer is as well willing to continue GC processing. Kindly advise. Regards,
-Anand
 
IMHO - that should be fine, it is better to run the language by an attorney (e.g. references to INA 106(a) whatever ..). One can set up a 20 min consultation to have an attorney go over the draft.
 
You must log in or register to reply here.
Top