Required Salary on new job while 485 pending

A

amcom

Registered Users (C)
Guys,

I wish to have your opinion on this very crucial step ahead in my life.

My 485 is pending for more than a year now and working on EAD and got a better job offer in CA which means my file has to be transferred there from Nebrask Serv Center.

Q is my labor was approved in my current state on a stipulated salary eg: 77K.
Now do i have to get this new job at same salary or it could be any lesser, if yes then how much less on salary can i go on new job.

I'm sure I have to notify INS with new employment and any RFE they may ask for pay stubs etc.

Your responses are heartly appreciated.
thanks.
K
 
Yes, why not? If the new job has better opportunities for career development, it could be viewed as a better offer even though the salary is lower.
 
Yager

Yager.. Pingu is correct. Its better coz of oppurtunities also its better because my current salary is less than said in labor.

My lawyer told me that the salary you specify in labor approval is that the salary you will get when your GC is approved.

So thats why i'm asking that if i get don't get what was in Labor then how low INS can approve?? Is there any rule like that?? or I'm just worrying for no reasons....

K
 
1) Just an example, to maintain the same standard of living, your salary of $77,000 in Lincoln, NE should increase to $144,791 in San Mateo, CA (http://www.bestplaces.net)

2) Prevailing Wage level should be very high in CSC area comparing NSC area. for Computer Software Engineers,
EB2 Prevailing Wage is 100,043 up in San Mateo but 66,747 in
Lincoln. IF using Prevailing Wage in CSC area as rule, the lower salary may lead to a question whether the position defined in 1-140 is changed.

just what I am thinking. It may not be correct

it's interesting topic and let's keep on
 
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This is an important issue and many of us come across somehow at some stage. I also put similar question sometime back. Please post your views (may be after discussion with your Attorneys/ personel experience) so that most of us are benefited.
Thanks.
Honey
 
spoke to Lawyer

Guys,

Spoke to lawyer and she's confident that as long as you get the
salary which you specified in Labor certification on new Job you will be ok. New Salary can go higher but not lower AT ALL.
Because if salary is lower and INS checks back they might (most probably) declare your GC a fraud. (Scary isn't it...!! BC INS...)

Ofcourse you will see some delay in 485 processing as ur file will be transferred to CA SC and other formalities. But i think the way NSC is processing 485s it will be better for me to go to CA as they are processing it faster then NSC.

Yager , i had same question in my mind and thats why i put up this Q here. But there are definately some strange ways INS works. and this seems to be one of them.
I trust my laywer but opinion from all of you also counts.

K.
 
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amcom

I am yet to come accross a case on any of the boards that was denied due to a salary difference. I may be over-optimistic, correct me if I am wrong!

In my opinion all INS cares for is a real job in same or similiar profession as long an alien does not become a public liability. I know when times were good people used to make in excess of 100K and that's what was put on their labor. But these days you would be lucky if you make even half of that and INS very much realizes that. Bottomline, a stable job with a regular paycheck will satisfy INS, even if it is lesser than stated on labor.

This is just my opinion. Please don't take it a word of God and definitely not a legal advice.
 
Is any of us knows if some of our friend or other person got approved who has less salary than one has put while applying for 485, keeping the similar job etc criteria(technically).
Thanks.
Honey
 
Very true WaitinginQ,

I am in Chicago and recently I found that new H1B are being filed with 42K , which were being filed at 48K during earlier days. So certainly there is downfall in salary and USCIS is well aware of that.

In Chicago EB2 is 83K for GC. and I filed for EB2 instead of EB3(My mistake).
Had I filed in EB3 , I would have been working using my EAD.
But my salary varies between 43K & 83K and so I have to keep my H1B alive to follow salary mentioned in H1B-Labor.

amcom , since you are using EAD , better you should follow GC-Labor not H1B-Labor.
As far as less salary is concerned it could be challenged. (presuming that there is not significant difference.). Disscuss with your lawyer.

Good Luck
 
Bakra

I'm following GC labor and Now i'm pretty sure that I will not be in any trouble if I take this job, ofcourse 485 processing will be delayed but who knows like sroy, member, i may get GC without any RFE.

kismat-2 ki baat hai babubhaii...

Is EB2 slower than EB3??
I'm in EB3.

K.
 
NO just 1month difference...
thought EB2 is faster and I will get GC fast.
but salary difference is too much.
 
Transfer to other service centers.

Amcom,

I am also on the same boat, my Service center is Nebraska and I have got aj ob in NY, as usual the AC21 and AR11 have been filed and my processing center is now Vermont.

I checked up with my lawyer and he says that only 30% of the cases are transfered to the local INS office.

I havent yet received any intimation from INS with regards to the transfer.

We should keep our fingers crossed, I 've heard cases where I transfer and 2 AC21 have been filed and people have completed I-485

Thanks

Raj
 
Re: Transfer to other service centers.

Raj,

can please tell us some info about the salary change
maybe just percentage change

thx!

yager

Originally posted by Raj_nsc
Amcom,

I am also on the same boat, my Service center is Nebraska and I have got aj ob in NY, as usual the AC21 and AR11 have been filed and my processing center is now Vermont.

I checked up with my lawyer and he says that only 30% of the cases are transfered to the local INS office.

I havent yet received any intimation from INS with regards to the transfer.

We should keep our fingers crossed, I 've heard cases where I transfer and 2 AC21 have been filed and people have completed I-485

Thanks

Raj
Click to expand...
 
yager


The salary changes should not effect unless and until it is +20% or -10%.

-10% is justified by lawyers stating the economic downturn at the present time and +20% can be conveyed as due to job growth prospects.

Either way 3-4 of my friends including myself have taken the AC21 clause and most of us at the time of hiring was 48-50 K and now all of them are between 75-90 K and its been 7 months since and we havent received any RFES.

Thanks

Yager
 
Salary Question

Does the Bonus offered at new employer count towards Annual salary received ?

Please inform.
Thanks.
GC_seeker_CA
 
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