Question - using AC21 with lower salary than LC

I

inagony0302

Registered Users (C)
Please advise.

Just been offered a great job with lots of perks and lots of variable compensation (stock & bonuses). However, salary is 3k below LC/140 salary. Will I get screwed by the USCIS? (Not that after more than 2 years in this process I haven't been already many times over).

Any advice appreciated.
 
As long as the job profile matches and you have no chance of getting on the dole, you are good under AC21.

Good luck with the new job.
 
140_takes_4ever said:
As long as the job profile matches and you have no chance of getting on the dole, you are good under AC21.

Good luck with the new job.
Click to expand...

Thanks 140_takes_4ever!!!
 
If I were you, I wouldn't take any risks. I would negotiate with the new company a higher salary and maybe less perks ( reduction in bonuses or stock).
However if you are not able to negotiate it, the chances of them denying it on the basis of 3k under LC salary probably are low.
 
Alcolombia said:
If I were you, I wouldn't take any risks. I would negotiate with the new company a higher salary and maybe less perks ( reduction in bonuses or stock).
However if you are not able to negotiate it, the chances of them denying it on the basis of 3k under LC salary probably are low.
Click to expand...

Thanks, that was my feeling too, as there is the possibility that my case my be reviewed soon since I'm RD Mar-02 (always a bad assumption based on collective experience but what the hell...). Luckily, it appears that the company is open to doing that and hopefully, I'll get the new offer letter by today.

Thanks for the input! :)
 
While it is good that you are getting a new offer letter, again it is ABSOLUTELY NOT essential. Take a look at AC21 stipulations and the clarifications issued by INS. I had posted some links on this some time ago, which state that lower salary is NOT a bar, the only bar is job profile.
 
No problem with lower salary, if its not substantial. Like if u where at 100K and then u go back to 20K, this may trigger a sucpicion that u are not working in similar job.
But if from 100 u go to 80 its fine. My new salary was lower and I had no problem. The lawyer in new company generally advises the HR on it and if they say OK, it should be fine.
 
Whew!!

Thanks for the input guys, feel a bit better now. Logically, I thought it shouldn't make a difference but you never know with the ins.

Definitely appreciate the input!!!
 
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