manju1968 said:
hello spidey,
"Remember to keep your pay at same level as on LC otherwise you will have trouble during 485 adjudication.... "
if the salary changes happens how it effects.
"Then find another job AS SOON AS 140 is approved and BEFORE 485 is adjudicated. This is the only way to take advantage of AC 21. After 485 is approved you are advised to stay with current employer for some time to avoid fraud charges."
can you please explain the change of employer at that time how it can effect if we do it after or before. how long we need to stay with current employer before the change.
What if there is a Job Change?
©MurthyDotCom
As regular readers of MurthyDotCom and the MurthyBulletin know, under AC21 it is possible in certain circumstances to obtain approval of the employment-based I-485 through a job offer other than the one stated in the labor certification. This ability is based on the I-140 having been approved and the I-485 pending for at least 180 days. Many people coordinated departures from their jobs with the length of time they thought it would take to process their I-485 cases. That is, the intent was to leave but they might have waited, leisurely searching for a new job based on an expectation of lengthy processing times. This is no longer prudent since the I-485 approval times have become so unpredictable.
©MurthyDotCom
If one is eligible to obtain approval via a new job offer and wishes to make a change, it is important to act quickly. At The Law Office of Sheela Murthy, we are getting inquiries from people who have been considering changing jobs, even interviewing, who then are surprised to receive an I-485 approval in the mail. This could cause problems and be perceived as fraud if the USCIS approves the I-485 based on an existing job offer and the person soon leaves the sponsoring employer to join a new employer. The I-485 approval is based upon the underlying initial job offer that was made in the labor certification and I-140 petition. It is a future job offer to take effect upon approval of the green card. One is expected to work for the company offering the job for a reasonable period of time after the green card is approved. Thus, changing jobs and trying to assert AC21 after case approval is a risky venture, fraught with uncertainties.
©MurthyDotCom
If a job change is desired, it is far better to make the change after becoming eligible to do so under AC21 but in advance of the case approval. With shorter processing times and the USCIS's position that a person is not eligible to use AC21 until the I-140 petition is approved, it should not be assumed that AC21 is going to be a valid option.
Source:
http://www.murthy.com/news/n_man485.html
As far as pay is concerned, as far as I know, adjudicating officer can challenge if pay is lesser although the correct interpretation is that your employer will pay the LC wages after GC and this argument can be made but we all know such situations can be risky.
Pls note I am not a lawyer or expert. So get professional advise and do not rely on my amateur opinions stated above.