Salary Difference for AC21 / Interview ?

S

satgym73

Registered Users (C)
Hello Experienced Gurus,

My case hase been moved to NBC for a standard interview. So, i'm expecting the interview letter within a month. Currently, i'm not working for the sponsored employer. After 1 year of filing I-485 and i've joined different employer and working on EAD. I din't file AC-21. I already have the offer letter. Do i need to carry Employment Letter (EVL) for the interview?

In my LC there is salary mentioned it. Now i'm working hourly on W2 with the same job tilte and duties. Is it okay if offer letter and EVL(Employment Verification letter) has houlry rate mentioned on it instead of salary ?. There is around 50K difference (more) what i'm getting now and what was mentioned in Labor. It's EB2 PD 04/06. Please let me know what things i should be aware of and keep it ready before going to the interview. How many days it'll take to receive the interview letter from the National Benefits Center, Lee Summit, MO ?.
 
Last edited by a moderator:
satgym73 said:
Hello Experienced Gurus,

My case hase been moved to NBC for a standard interview. So, i'm expecting the interview letter within a month. Currently, i'm not working for the sponsored employer. After 1 year of filing I-485 and i've joined different employer and working on EAD.
I din't file AC-21.
---------------- why you did not invoke AC21??
I already have the offer letter.
-----------------what are you doing with that letter? why dont you invoke AC21 by sending the request to invoke AC21? send it to office where your I-485 file is. Send it with certified return reciept and out side the envelope write in big bold letter" request to invoke AC21 with Pending I-485. on cover letter write that your file has been sent from XXX service center to Local USCIS on date...... write your name, DOB, A# and address on the cover letter
Do i need to carry Employment Letter (EVL) for the interview?
--------------------YES with Latest date on it
In my LC there is salary mentioned it. Now i'm working hourly on W2 with the same job tilte and duties. Is it okay if offer letter and EVL(Employment Verification letter) has houlry rate mentioned on it instead of salary ?.
--------------------Employer can write his/ her annual salary is$.....
There is around 50K difference (more) what i'm getting now and what was mentioned in Labor.
------------------that is not a problem they llok for same/similar job duties.
It's EB2 PD 04/06. Please let me know what things i should be aware of and keep it ready before going to the interview. How many days it'll take to receive the interview letter from the National Benefits Center, Lee Summit, MO ?.
Click to expand...
----------------------
 
Ginnu,

I didn't file AC21 b'cos last year EB2 PD was way behind (or) unavailable.
It's already moved from TSC to NBC, not to Local USCIS 2 weeks back.
I think one more reason for the interview is because my previous employer cancelled my last H1 since i'd moved to new company on EAD.
Since i'm going to get the interview letter anytime, do i need to still send/invoke AC21 to TSC ?. What if i carry all the required docs directly to the interview instead of sending AC21 documents. Please let me know.
 
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satgym73 said:
Ginnu,

I didn't file AC21 b'cos last year EB2 PD was way behind (or) unavailable.

It's already moved from TSC to NBC, not to Local USCIS 2 weeks back.
--------------------------Interview is conducted at Local USCIS office.
I think one more reason for the interview is because my previous employer cancelled my last H1 since i'd moved to new company on EAD.
---------------- USCIS has its own criteria to transfer files to local office.
Since i'm going to get the interview letter anytime, do i need to still send/invoke AC21 to TSC ?.
--------------------------If you got or your lawyer has got I-485 transfer letter then you can mail the AC21 request to the address where your file is transferred (keep the copy of each document that you send to USCIS). They may attach to file or may not. Transfer of files takes about 15-20 days. Even if you mail the AC21 letter you must take the letter of Permanent job offer with same/similar job at the time of Interview.

What if i carry all the required docs directly to the interview instead of sending AC21 documents. Please let me know.

-------------------you can do that.
Click to expand...
------------- Did you have file transfer letter or RFE? What is written on the letter?
 
Ginnu,

Filed/sent AC21 letter to TSC and NBC.

Finally i'd received the interview letter and it's set to middle of December. They are asking bunch of documents.

I have most of it. But i've one concern...this year my pay is almost double than the salary mentioned in the approved labor but it's the same job duties and title with different employer. Is it going to be problem in the interview and do they will ask why ?

They have asked W2 and Tax Returns for the last 3 years. Do they see gross income in W2 (or) in Tax Returns?. B'cos tax returns has reported wages (gross salary minus/- health insurance premiums). What if the salary is little less than the salary mentioned in the labor for 1 year ?

Do you suggest me to hire and take the lawyer with me for the interview (or) is it not neccessary ?

Do anyone know local immigration attorney in Houston, TX ?
 
Last edited by a moderator:
satgym73 said:
Ginnu,

Filed/sent AC21 letter to TSC and NBC.

Finally i'd received the interview letter and it's set to middle of December. They are asking bunch of documents.
--------------what documents they are asking?

I have most of it.

But i've one concern...this year my pay is almost double than the salary mentioned in the approved labor but it's the same job duties and title with different employer. Is it going to be problem in the interview and do they will ask why ?
------------------------not a problem, they care more about same/similar job duties.
They have asked W2 and Tax Returns for the last 3 years.
---------------------That OK. Show them what they ask (make copy of each document as they may ask for the copy to keep.
Do they see gross income in W2 (or) in Tax Returns?.
----------------They will just have a look at W-2 and dont worry about that.
B'cos tax returns has reported wages (gross salary minus/- health insurance premiums).

What if the salary is little less than the salary mentioned in the labor for 1 year ?
------------------ not a Problem.salary mentioned in the labor is to be paid AFTER GC. GC is for future job.
Do you suggest me to hire and take the lawyer with me for the interview (or) is it not neccessary ?
-------------------- You have to decide that and I don’t see any problem in your case just provide the document they ask at interview.
Do anyone know local immigration attorney in Houston, TX ?
--------------I dont know. others may post.
Click to expand...
----------------- keep the new letter of Employer to invoke AC21 with latest date. The job offer letter should have your skills or job duties on it and your annual salary and Permanent job offer .
 
Ginnu...Thank you very much for the reply.

They asked all passports, I-94, Photo ID, Letter of Employment and 2 months paystubs, W2's and Income Tax Returns for 3 years; Evidence of joint checking/savings accounts, Birth certificates of children, Joint lease agreements/mortgage documents, Joint insurance coverage, medical, life and/or auto + few other docs that shows joint ownership.

They have also asked Medical Exam Results (I-693) & Completed Affidavit(s) of Support (I-864). But these two i don't need to carry right since mine is Empolyment based GC. The medicals gone with sealed envelope when we'd filed I-485. Is i have to complete the form I-864 ?. Usually this is given when we sponsor visa to someone right? Please confirm.
 
satgym73 said:
Ginnu...Thank you very much for the reply.

They asked all passports, I-94, Photo ID, Letter of Employment and 2 months paystubs, W2's and Income Tax Returns for 3 years;
-----------------Above is ok for Employment based GC .
Evidence of joint checking/savings accounts, Birth certificates of children, Joint lease agreements/mortgage documents, Joint insurance coverage, medical, life and/or auto + few other docs that shows joint ownership.
-------------------- I think they asked many documents and why they need
Joint lease agreements/mortgage documents, Joint insurance coverage, medical, life and/or auto + few other docs that shows joint ownership?". Your case is not marriage based or on base of marriage to US citizen.

They have also asked Medical Exam Results (I-693) & Completed Affidavit(s) of Support (I-864).
-------------------if you submited I-134 with I-485 why they need I-864? you have submitted medicas why they need it now? I am confused.

But these two i don't need to carry right since mine is Empolyment based GC. The medicals gone with sealed envelope when we'd filed I-485. Is i have to complete the form I-864 ?. Usually this is given when we sponsor visa to someone right? Please confirm.
Click to expand...

I think they have printed letter for both GC based on employment and family based and that letter list all the requirement for both type of case. In past I have seen the items TICK marked what is needed for particular case and they forget to tick the Items for you.
** you can talk to your lawyer or company lawyer. Did you marry before filed I-485? or spouse derivative I-485 was filed later after your I-485?
 
Evidence of joint checking/savings accounts, Birth certificates of children, Joint lease agreements/mortgage documents, Joint insurance coverage, medical, life and/or auto + few other docs that shows joint ownership.
-------------------- I think they asked many documents and why they need
===> Don't know. But i'm gonna take it with me the above.
************
They have also asked Medical Exam Results (I-693) & Completed Affidavit(s) of Support (I-864).
-------------------if you submited I-134 with I-485 why they need I-864? you have submitted medicas why they need it now? I am confused
===> Even i'm confused too. I sent the copy of my interview letter to my lawyer. He just says take all the docs + EVL (which filed for AC21). And he is suggesting me to take local attorney with me. If he (or) someone from his firm (out of state) wants to attend the interview with me...they are charging 2K. He didn't even mention/confirm me that i don't want to complete I-693 and I-864. That's the reason i'm confused and worry now. I don't see the necessary paying 2K and go with attorney for the interview when i have all the basic required documents. If the charge is appropriate ($500 to $1000), i don't mind hiring an attorney. So, kind of thinking of going just myself and my wife.
*************
I think they have printed letter for both GC based on employment and family based and that letter list all the requirement for both type of case. In past I have seen the items TICK marked what is needed for particular case and they forget to tick the Items for you.
** you can talk to your lawyer or company lawyer. Did you marry before filed I-485? or spouse derivative I-485 was filed later after your I-485?
===> I did married before filing I-485. We'd filed our I-485's together...staright forward.
They TICK marked for Medical Exam Results Form I-693 and also item named Attachment. In attachment section they mentioned to bring a completed I-864 with all required evidence.
 
May be they lost medicals. You can get medicals from the same doctor who did medical at the time of I-485. Medicals are valid and doctor will write letter that he did medical on date.. and will sign the new form and will attach the report from records.
 
Ok...ginnu! I'll ask my lawyer about it. If it's ok...i'll call the doctor office (out of state) who did my medicals and check whether i can get it.

I think we suppossed to not see the medical results. If i don't take it for the interview, then they don't deny my I-485 right? I hope they might ask me to re-submit the medicals (or) issue an RFE for that.
 
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