salary question

T

threeyearwait

Registered Users (C)
Case : 01-297-51xxx

RD: 09/20/2001
ND: 09/27/2001
FP: March 2002

Hi,
My situation, applied 485/AOS in Sept 2001 thro, company A,
got laid off, got at job at Company B in January 2004.

But the current salary is less than the salary specified in I140/ Labor certification.

Is this going to be a show stopper?
What are my alternatives if my140/ AOS is rejected?


thanks
-Ravi.
 
Agree with Tasse, search for more threads on this issue, I have posted quite a few links with further information. Don't have the patience to do it again, but in case you cannot find the threads, post back here.
 
not AC21 got an RFE

I am not trying to file AC21 but got RFE for my AOS/485.

when I file my reply will the salary differenece make it hard?

-R
 
Re: not AC21 got an RFE

threeyearwait, you are not working for the original petitioner it means you are using AC21
 
http://www.murthy.com/UDac21up.html
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The June 2001 INS Guidance explains that the I-485 applicant requires a letter from the new employer verifying the new job offer and providing the following details: the new job title, job description, and salary. Although AC21 does not contain any restrictions on salary, the INS clarifies that this information on salary is necessary in order to determine whether the I-485 applicant is admissible under the public charge provisions. A person who fails to meet the public charge provisions could be inadmissible under law. The June 2001 INS Guidance also refers to the U.S. Department of Labor's Dictionary of Occupational Titles (DOT) or on-line O*NET Classification System or similar publications. Again, AILA recommended that the INS broaden its definition of same or similar job title and not make it very narrow and restrictive by requiring that the new employer's job match the DOT or similar publications, since AC21 does not appear to require such a narrow interpretation.
---------------------------------------------------------------------------


Based on the above it doesn't matter as long as you don't become a public charge. INS could interpret the salary difference ( if it is too large) to mean that you aren't in the "same/similary" job category, but if you can justify that it isn't the case it shouldn't matter.
 
Re: not AC21 got an RFE

Originally posted by threeyearwait
I am not trying to file AC21 but got RFE for my AOS/485.
when I file my reply will the salary differenece make it hard?
My situation, applied 485/AOS in Sept 2001 thro, company A,
got laid off, got at job at Company B in January 2004.
Click to expand...
You HAVE to use AC21.

You don't sound like you have a lawyer. These are very elementry things, and you or your lawyer should be on top of it. I suggest you get a lawyer if you don't have one already, infact I suggest you get a lawyer even if you have one, since your current lawyer doesn't seem to be doing a good job!
 
I had a similier issue with salary and 140 was great help - thanks again 140. You should search for his postings.

The short of it is that as long as you can prove that you will not be a public chg you are ok - a variation of 20% on either side should be ok. If the difference on the lower side is a lot - a good lawyer can even argue about the down turn in the mkt and the lower salaries today for the same job desc.

You should be fine and yes to what TASSE and 140 say above - the only way you are getting your approval is because of AC21 - if there was no AC21 - several of us would have lost our GC process or stuck around with our original sponsors (if they were still in business that is - :D )


ALL THE BEST - it has been a long haul for you.
 
140_takes_4ever will be ur lawyer

since 140_takes_4ever
has replied to over 2000 posts it seems that
he can represent u


jokes aside


i dont think salary is much of a consideration
unless the salary is significantly different
by which i mean more that 50% lower

as long as u r not a public charge things should be fine
 
Originally posted by matt_s_r
What is "Public Charge"?
Is it claim of UI benefits, welfare etc....? :confused:
Click to expand...
Yes!

gcskr,

If number of posts were the only criteria to become a lawyer, the quality of lawyers would be even worse than it is today! :)

Only thing that comes with 2000 posts is a little bit of exposure and experience in seeing the same problems/questions time and time again. With little nuggets of information from senior members who might no longer be active on the board today, it is relatively easy to answer the repeat questions.

GCDreamz,

Thanks for the vote of confidence, you are most welcome! You have always been a welcome addition to this forum.
 
salary and w-2

it gets complicated, I guess

My past three years w-2's

2001- 100k
2002-80k
2003- 28k

did not have a job for some time in 2003 , but have a job now.

I got offer letter(less than 140/labor ) and pay stubs for the same.


question:-
Will I at least get an interview or a chance to appeal or will my 140 and 485/AOS get rejected?

Thanks
-R
 
i have seen cases

I have seen cases in the past which got approved even when the w2 salary was very low.

One case had a low salary during h1b
which is not allowed since u have to have a job
at all times during h1b


The law for AC21 doesnt state u r outta status if u lose ur
job since u r waiting for ur aos so u can still legally stay
in the country.

I dont think u have to worry about ur current salary
since the market conditions arent that good
That can be explained


It really depends on the person who takes a look at ur
application


But The RFE notice clearly says u can apeal if u get rejected

and continue to stay in the country


My gut feelin is that u should be ok


but talk to sillyman to see if he can ask rajiv

if ur sitation will have a problem
 
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