PCee, Sillyman could you please answer this?

S

spouse

Registered Users (C)
I know you are doing an excellent job for this board .

My story is:
I am working for a X company located in LA
I have applied I485 in CSC , and MY RD IS: 01/16/02, and ND is 01/017/02. I am paying from pocket for whole process and my employer supported all documenation(Attorney is not a company attorney). Since begining i am working in MICHIAGN for CLIENT on behalf of company X. I did receive everything (Ex: EAD and AP) in MI address. I am done with my finger printing on APR 23 , 2002. Right now My client is asking me to join. My job responsibilities are going to be same and Even I WON'T change my address every thingwould be same but there would be differense in salary. My labor say's $36.5/hour, i don't know how many working hours does INS calculate/per year . Right now with my current employer i am getting 69K. (Dropped from 75k(I think this was the amount they mentioned in labor which is 36.5/hour, just i am assuming) because of down market)Client is offering 62K and 15% profit sharing and 6% bonus. If i calculate all this i will reach almost same amount that they mentioned in Labor. Can I use AC21 with this circumstances . If i go for this offer do they transefer my file to NSC from CSC. Would it be anyproblem with current company?
Waiting for your answer?:confused:
 
Here is my take

I don't think it should be much of a problem.

Here is the real issue, there are no guidelines on AC21, so the only way you, I or PCee or anyone can guess is, looking at the precepts to your case.

With such a minor salary difference, different location, same job profile etc. I think you should be 99% safe. The 1% is INS officer's mood. But compared to the average, your case seems pretty clean.

Transfer is possible, though I am surprised it hasn't happened alraedy considering that you are in MI and the app was filed at CSC. What state is mentioned on your W2?

And I am assuming that inspite of the hourly BS, you are still salaried on W2. (or hourly on W2).
 
My 2 cents..

I dont think it is possible to count bonus and profit sharing into the salary. I remember in my LC/I-140 ( and LCA for H1 as well ) the lawyer did not include even the sign on bonus . All they care about is the actual pay/hour.

I would suggest that should you want to change your company, and if INS asks for salary explanation then give them the per hour information rather than per year information..that way $36.5 prev vs $32.8 new looks better than 69K vs 62K !
 
Silly man,

Silly Man,

Thank 'u' for your answer. I am getting W2 as salary not hourly basis (some how they mentioned 36.5/hour in labor) . my worry is My current company reduced my salary from 75k to 69k since i have applied for my GC. and If i get 62K with clent offer it would be 13k difference? is it o.k? As my current company is in LA, so My attorney suggested me to apply from company bsed location ot work based location so i preferred to apply in CSC. In W2 I pay MI taxes... Pleaase reply
 
Your LC shows base wages which doesnt include bonus and stuff, according to my attorney. So, get the figure from the LCA and make sure your salary is 2 - 3% ~to your LCA wage.
I raised this issue with my attorney last month as my bonus is 15% of the salary and my LCA wage = my base + 15% bonus.
Since, it wont work that way, my salary is being increased by 15% more to accomidate the requirement (I am still getting that 15% bonus though;) )
 
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