Is big salary increase from LC ok for AC21?

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waitforAOS

Registered Users (C)
My GC is based on an LC substitution (This LC was filed in June 98). My LC salary was $65, 000. I worked 7 years with the same firm and my salary has gone to 100, 000. Now I'm moving to another firm where my salary is > 100, 000. Will I have any problem with AC21?
 
It is a good problem to have :) That is the only concern my attorney has with my LC filing. I will have a definitive answer when my case is approved/denied.

My gut feeling is that if you can still show that the salary is wihin the range of salaries for your position in your region then I guess you should be okay. The worst case scenario seems to be a interview. I am keeping my fingers crossed.
 
I am in the same boat too. I changed my job after 180 days using AC21. The current salary is a lot more than the one mentioned in the Labor. I changed my lawer and informed BCIS about my job change. Now I got a RFE asking for the employment letter and last two pay stubs which is normal nowadays. But, the RFE sent to my previous lawer!! I don't know what happened to the G28 filed by current lawer. Anywaz, we are preparing to respond RFE. Now they are going to come to know that the salary is high. But job and job duties are same, I just got rid off my middle man. Will have to wait and see!!

My RD is 04/24/2002. EB2, VSC. Guys if there is any update from ur side, please post it here.
 
there shouldnt be a big issue if you have excellent lawyer representing your case.

moreover you can justify your salary increase by indicating the geographical region difference. you might not have any issue if you have substantial increase in salary if you move from florida or texas to new york or california.

make sure your new job is "same or similar" that matches your job or role as indicated in your labor. work with good attorney they will help you overcome this.
 
Another point about this issue

According to the BCIS Aug 11 '03 memo, if the service center is not sure about "same or similar" job then they cannot automatically deny the AOS. They have to check with BCIS headquarters first. If the job description is similar to LC but the only difference is much higher salary, then that can be easily argued.


How about coming up with a convincing set of arguments for RFE replies or interviews ?


worst case scenario : I have not seen any example of denials due to higher salary. But according to my attorney that may result in an interview, Here is my approach in case of an interview :

1) One can show the O*NET salary surveys (http://www.acinet.org/acinet/occ_rep.asp?soccode=151051&stfips=34&search=Go) in the geo location of job and show that there is a considerable amount of variation. i.e. 75%ile and 25%ile can be off by 50K in my job code.
AND
2) use the dept of labor stats website (http://www.flcdatacenter.com/casesearchperm.asp) to show that for your job code, time window and location - there is a considerable variation in the "prevailing wages" approved by Dept of Labor. The variations can easily be seen to be in the 50K range.



Any other ideas?
 
i am in same boat but do't think it will be a problem. I filed my 140 when concurrent filing was not there and they approved my 140 where my salay was neraly double then LC. now waiting for 485 wait and see . Accoding to my lawyer it should not be issue.
 
what if you prove

that your job description is same but you are making almost the double of what is in LC?

I have a reputed attorney(I am sure everybody in this forum knows about her), she didn't say that it will be a problem but it is of a potential concern, and the concern grows with the salary.
 
And the catch 22 is: the longer BCIS delays ---> more the salary grows ---> the more they get concerned and delay adjudication and more the salary grows .... and on and on and on ...

Damned if you make money damned if you don't :D :D :D

:D :D :D :D


A legal immigrant's plight is pathetic in America that we can only laugh at ourselves to keep from falling into a abyss of frustration.
 
waytoolong

agree with you.
My attorney also said if my case gets red flag, she will contact labor dept. and do something, don't know what.

Let's see, hoping to see something happen by Aug, this year.
 
waytoolong & other members,

Please keep us posted what happens;
If possible can you also post your sample letter in response to RFE.

Regards.
 
my sample letter basically added a note (and proof) that my salary (as of letter date) is due to a steady career and salary growth (within the same job description) across employers. So BCIS' argument "salary increase is due to new job - hence new job must be different" does not hold true. Not sure if those jackasses will follow it, though
 
Sample Letter

My Sample letter has a note from my employer suggested by my attorney that says that I will be paid atleast ($mentioned in LC for example $70K) as my salary. not specifing the actual salary b'coz that's not required by the INS, if they generate the RFE on the number, my attorney will suggest me what to do.
She also said that, we can put a strong argument saying I am still working on the same job and salary increase is due to improving economy, my skill and experties and client willing. I have never seen any case rejected just because you have high salary. In my case, it is almost the double than the LC now.
 
I believe that too - any rejection based on high salary will not last 2 minutes in appeals. The basic premise of EB categories is to get highly skilled individuals.

I think the worst case scenario is an interview is BCIS has doubt about the job description matching the LC. I think folks with high salary are fine if there are no other issues involved.
 
Congrats eb2_I485_RD0901 !!!

Was there any drastic increase in your salary when you switched the job?
 
WHEN USING AC21 ..(I140 APPROVED, > 180 DAYS , EB2 FILING)

IF PRESENT SALARY < PREVAILING WAGE SALARY SPECIFIED BY THE EMPLOYER? DOES THAT RAISE ANY RED FLAG WITH BCIS?

WHAT EXPLANATION WOULD SUPPORT THE ABOVE SCENARIO?
 
Originally posted by waytoolong
I believe that too - any rejection based on high salary will not last 2 minutes in appeals. The basic premise of EB categories is to get highly skilled individuals.

I think the worst case scenario is an interview is BCIS has doubt about the job description matching the LC. I think folks with high salary are fine if there are no other issues involved.
Click to expand...

Well I think I was right about this issue

http://www.immigrationportal.com/showthread.php?threadid=115206

Salary by itself will not make or break anything, fluctuations are okay if you can explain it (e.g. location, experience, economy, etc.) Spin it up or down the way you want it - just make a convincing and concise argument for AC21 eligibility. Study the LC reports and O*NET salary surveys to make your case.

Hugely different salary along with different job title and quite different job description will raise eyebrows and will probably lead to an interview (and not an automatic denial as per Yates memo)
 
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