Salary issues with changing jobs

[freeviews]

Hello - will appreciate someone's help very much, thanks!

i485, i140 and i765 were concurrently filed in Nov 2002
My i140 was approved in Aug 2003 (after a couple of RFEs)
My i765 was approved in Oct 2003 (after yet another RFE)

I had received a temporary EAD in April 2003 and began working at my employer that same day.

The approved salary on my LC is about $68,000.
(The initial filing said $40,000, and Labor said the minimum was about $72,000, and the lawyer got it approved for 5% less).

However, my current employer forced me to take a pay-cut and has been only paying me $60,000 (which is what my W-2 and paystubs reflect).

The new employer has offered me $110,000, for pretty much the same work and job description.

My question is this:
Can I accept this new job, and not jeopardize my i485 application? Are these issues deal-breakers for successful AC21 portability?

Thanks very much in advance,
Kapil.

 

[ginnu]

Hello - will appreciate someone's help very much, thanks!

i485, i140 and i765 were concurrently filed in Nov 2002
My i140 was approved in Aug 2003 (after a couple of RFEs)
My i765 was approved in Oct 2003 (after yet another RFE)

I had received a temporary EAD in April 2003 and began working at my employer that same day.

The approved salary on my LC is about $68,000.
(The initial filing said $40,000, and Labor said the minimum was about $72,000, and the lawyer got it approved for 5% less).

However, my current employer forced me to take a pay-cut and has been only paying me $60,000 (which is what my W-2 and paystubs reflect).
-----LC salary has to be paid only after I-485 or GC approval
The new employer has offered me $110,000, for pretty much the same work and job description.
------Go for it , you are eligible to use AC21
My question is this:
Can I accept this new job, and not jeopardize my i485 application? Are these issues deal-breakers for successful AC21 portability?
------New employer must be ready to give you letter for future parmanent job in same/similar skills as on approved LC and may have to submit Financial documents to show ability to pay with AC21 letter to USCIS when you update the USCIS to invoke AC21
Thanks very much in advance,
Kapil.

 

[freeviews]

Thanks Ginnu - a follow up request

Thank you so much Ginnu for your immediate response.

Would it be possible to point me to the relevant sub-section in the books (or some other evidence) to confirm that LC salary is only payable upon receipt of GC ?

Also, that a *higher* salary than approved on LC is acceptable on a new job (I'm thinking that an absence of any prohibition would be the ticket on this - however, I am not a lawyer, and if you can confirm that for me, that would be great).

This would permit me to put any uneasiness on my new employers' part to rest.

Thanks again very much in advance.

 

[ginnu]

Thank you so much Ginnu for your immediate response.

Would it be possible to point me to the relevant sub-section in the books (or some other evidence) to confirm that LC salary is only payable upon receipt of GC ?
---------- check the AC21 august 2003 MEMO it does not say anything about salary, or go to your lawyer and find section of law
Also, that a *higher* salary than approved on LC is acceptable on a new job
---yes
(I'm thinking that an absence of any prohibition would be the ticket on this - however, I am not a lawyer, and if you can confirm that for me, that would be great).

This would permit me to put any uneasiness on my new employers' part to rest.

Thanks again very much in advance.