Salary Change between Labor and 485

C

calgal

Registered Users (C)
How much difference is acceptable. If person earned X in 2000 when applying for labor, and now he earns X + Y, is that ok? Also, if he now earns X - Y, is that also ok? Whats the acceptable % difference?

Please share info..
 
What matters to the INS...

For the INS changes in your salary or your position does not matter as long as the field of work remains the same.

Getting a salary of $65k while applying for the labour with a position of Hardware Engineer
&
Getting a salary of $95k after applying for the labour with a position of (Hardware) Design Director

does not matter.

This will matter to the INS...

Getting a salary of $65k while applying for the labour with a position of Hardware Engineer
&
Getting a salary of $95k after applying for the labour with a position of (Software) Design Engineer

Your responsibility has changed now completely.

When you apply for labour you describe your job structure and your responsibility. That always remains the core of your labour certification.

Good luck!

-Roma
 
thanks roma..

just to complete the thread, does it matter if the salary reduces also? I mean in ur e.g. if instead of 65K if I get say 50K is that also acceptable by INS?

calgal..
 
Well, as long as your job description is same or similar, the title and salary (as long it's above the minimum wage) do not matter.
 
Mavishka,

When you say above the minimum wage, do you mean
the absolute minimum wage, or the range specified in that
Dept of Labor's reference for given positions?

According to Sheila Murthy, the INS provisionial guidelines
for AC21 say salary doesn't have to be same as in the labor
cert. But these are only guidelines. It's still at the IIO's discretion,
although they do have to get direction from INS HQ.

According to Sheila, the salary just has to be enough so that
you don't become a "public charge". (Try finding a definition
for what exactly constitutes a public charge, on Google.... !!!)
In other words, you don't become a burden on the state/draw welfare

[source: www.murthy.com - AC21 FAQs].
 
Calgal you are right...

Even if you draw $45k does not matter to the INS.

In fact i understand many companies have already cut pay upto 10% in the last year becoz of the economic downturn.

No Kidding!

Luv
-Roma
 
Salary Reduction

Does it matter if you are going for CP and there is a salary reduction, i.e. labour certification had a higher salary amount.

Or is this only applicable to the 485 processing ?
 
Regarding the salary differential: I was one of those cases. I was called to the Baltimore INS for an interview as I was one of the MD transfers. This The salary differential was my biggest concern too. First of all, the issue never came up. The INS officer was least concerned about the salary differential. However, if he did ask I was prepared with the following response: my salary was lower than that stated in my Labor Cert, but it was still above the "prevailing" wage rate for a similar occupation. Note the "prevailing" wage in the argument. Do not attempt to prove that it is above the "minimum" wage rate. The INS does understand that salaries have fallen after the economic downturn. And if you have your lawyer provide evidence of what the prevailing wage rate is, and that your salary--inspite of the lowered salary--is still above it, you should be fine. I lost plenty of sleep over this issue unnecessarily and there is no reason you should. Good luck!

P.S. I had a succesful interview and am no a permanent resident.
 
The minimum acceptable salary is 23k for 4 people in a household.
If the salary is less than this then there may be a chance of questions arising from INS or .... May not be immediately but later sometime in some situation, we don't know.

I came across this when following one of the Sheela Murthy's chat

Hence maintianing the same job responsibilities is important. Salary is secondary.
 
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