Salary (> 100%) Difference Between LC and New Job (AC21)

hmd

Registered Users (C)
Guys

i hope i can get answer to this question here.

What is acceptable salary difference between LC and new Job using AC21 ( > 180 days)

i have read posts where 20 to 30 % is ok but what if there is an difference of say 100% or more . how does that will effect the case. ( or may be it depends on IIO or interviewng Officer)

i do remember posts where ppl said they are earning 70 to 80 % more than what is mentioned in LC but i didn't see any apporved cases either directly from CIS or through interviews at Local CIS office in those cases.

can anybody shed some light on this ?

TIA
hmd
 

saigc

Registered Users (C)
i hope i can get answer to this question here.

What is acceptable salary difference between LC and new Job using AC21 ( > 180 days)
ac21 did not address about the salary differences. its better to be in the same or with very marignal difference to be on safe side. ofcourse you can argue about the cost of living factor etc but should be reasonable. moving from low cost of living place to high areas like new york, LA may be arguable.

i have read posts where 20 to 30 % is ok there may be cases who were approved with 30% increase but they may be exceptions due to various factors and cannot be taken as examplesbut what if there is an difference of say 100% or more adjudicating officer will definetly sent rfe and it will be very hard to convince him/her. if you get 100% increase then either your job role is substantially increased or you were underpaid in your current h1 which is again violation which is a problem for you and your employer. . how does that will effect the case. ( or may be it depends on IIO or interviewng Officer)

i do remember posts where ppl said they are earning 70 to 80 % more than what is mentioned in LC but i didn't see any apporved cases either directly from CIS or through interviews at Local CIS office in those cases.

can anybody shed some light on this ?
without proper ac21 regulation its better to stay with the sponsoring employer unless its due to extraordinary circumstances. play safe.
 

goose_doodle

Registered Users (C)
From the information I have so far, I think the only criterion is job description. The pay is seen from a point of view whether you are employed or not.
 

vadi

Registered Users (C)
In the same boat!

hmd,
I am in the same boat! My labor has 55K but I am currently making 70K and have an offer of 85K. I am planning to accept the new offer. I feel comfortable after reading messages in this board. Specially that from Ginnu.

Let me know what you plan.

Have fun
 

hmd

Registered Users (C)
Thanks Ginnu and saigc for replying

Ginnu

i did read the AC 21 quite few times when it came into being i think last August. I do know there is nothing mentioned about the salary in the Memo just the Job title and Job Description.

The other option is to get the exisitng salaries from DOT standards depending on your area and then try to justify it. But that will rise the question that then how come the salary is so low in LC even though it is future employement.

I am just trying be a devil advocate here since i might very well be in that situation in coming months.


Vadi
i think you should be OK with 85k since it is only around 50%more . I don't see any problem in your case feel free to use Ac21 make sure of same Job titile and Description

But what i am talking about is lets say you have offer for 110 K or more than that would be mora than 100% . What are the implications i guess since there is nothing in the Memo about the salary you just have take a shot at it or lose all that pay until I485 is approved (2/3years. may be never )
 

amcom

Registered Users (C)
And what if the current salary is lower

And what if the current salary is lower that stated on LC.

On my LC the stated salary is 85K and I'm making only 70K and I don't see any chance of any increase in my salary to that level.

I'm jan 03 filer so I'd expect an approval ,if lucky, in an year or so.
But i think my salary will still be 70K. I'm actively looking for switching job to better salary but no luck so far.

So what do you guys think when NSC RFE me for current employment/salary and i send them paystubs of only 70K???

Please input.

Thanks.
 

hmd

Registered Users (C)
Re: And what if the current salary is lower

Originally posted by amcom
And what if the current salary is lower that stated on LC.

On my LC the stated salary is 85K and I'm making only 70K and I don't see any chance of any increase in my salary to that level.

I'm jan 03 filer so I'd expect an approval ,if lucky, in an year or so.
But i think my salary will still be 70K. I'm actively looking for switching job to better salary but no luck so far.

So what do you guys think when NSC RFE me for current employment/salary and i send them paystubs of only 70K???

Please input.

Thanks.

That might cause some issues depending on the officer . You can say bad economic situations stuff like that..

Check out below

http://boards.immigration.com/showthread.php?postid=761920#post761920
 
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