To Ginnu: Apply AC21 without a Lawyer.

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sudhir75

New Member
Hello Ginnu,
I am planning to apply for AC21 as I am changing companies. My lawyer is charging $800. So I want to apply it by myself. is it risky to do it myself or is it better if I go through my Lawyer?

Is it ok if my salary is 12K less than that mentioned in my LC?
Or should it be the same salary as in LC?
My employer is willing to show higher salary(which is up to 4K less than prevailing wage) by including my bonus. Is this ok??
How important is the prevailing wage in determining the case and what % of prevailing wage is ok, generally speaking.
Also, in your ac21 sample letter you have mentioned "(Attached for
your reference are relevant portions of AC21.)" what should I attach here?

Please advice.
Awaiting your reply,
sudhi75
 
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sudhir75 said:
Hello Ginnu,
I am planning to apply for AC21 as I am changing companies. My lawyer is charging $800. So I want to apply it by myself.
---- you can do it as many have sent AC21 letter directly to USCIS
is it risky to do it myself or is it better if I go through my Lawyer?
------ that depends on you
Is it ok if my salary is 12K less than that mentioned in my LC?
----- That is not a problem as USCIS Memo august 2003 does not say anything about salay and job location
Or should it be the same salary as in LC?

My employer is willing to show higher salary(which is up to 4K less than prevailing wage) by including my bonus. Is this ok??
----- that is OK
How important is the prevailing wage in determining the case and what % of prevailing wage is ok, generally speaking.
----- prevaling wage is used for LCA and LCA is used for H1B and wages for H1 depend on work location , H1B LCA and LC both are diffrent and your employer filed LC with prevaling wage becase LC has also to meet the prevaling wages.
Also, in your ac21 sample letter you have mentioned "(Attached for
your reference are relevant portions of AC21.)" what should I attach here?
------ I did not wrote that sample letter, it was used by somebody.
AC21 relevent portion are in AC21 Memo, read the MEMO:
Take the print out and Read the AC21 august Memo:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html

Please advice.
Awaiting your reply,
sudhi75
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Reply

Thank you Ginnu for your advice.
I have one more question. I have $xxxxx amount of prevailing wage mentioned in my LC. What % of salary should be ok/safe to show when compared to my prevailing wage.

Please advice. Thanks once again,
Sudhi75
 
sudhir75 said:
Thank you Ginnu for your advice.
I have one more question. I have $xxxxx amount of prevailing wage mentioned in my LC. What % of salary should be ok/safe to show when compared to my prevailing wage.
---- as I have posed above read the USCIS MEMO it does not say anything regarding salary. if orignal salay has 70 then new job offer can have 10-12 % lees or more( I have seen the case approved with this) they only care about SAME/Similar job duties and dont care much about the new job title
Please advice. Thanks once again,
Sudhi75
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