Two questions about AC-21 ...

S

Shaf

Registered Users (C)
1. Does a job change into another jurisdiction necessarily invoke a case transfer (e.g. if I applied for I-485 in Vermont ... and then moved to say, San Jose, will it cause a transfer to CSC as VSC has no jurisdisction in bay area)?

2. Though AC-21 does not say anything about salary, it should, I believe, reasonably close (if not higher) to the original LC salary. But what if the prevailing wage is much higher in the new job location, which one is counted then (e.g., using same example again, the San Jose prevailing wage for the same job would be higher than in Vermont, so does the new salary has to match that)?

I would really appreciate comments. Thanks!
 
I believe that the key to using AC21 is the Labor Certification. If the labor certification is not violated then it will go through easily. One of the issues here is that not only would a difference in prevailing wage negate the labor certification, but a change of location may cause the same.

I am not an immigration expert or attorney and the above is based on my understanding of the process.

You may want to consult you attorney on this issue.
 
Higher salary (say 80 to 90 % more .) with new employer won't have any effect on your I485 when you use Ac21. (i for one can attest to that)

As per the location yes if you inform USCIS about AC21 then they might transfer your case to from VSC to CSC but they might act on it too.
 
Shaf said:
1. Does a job change into another jurisdiction necessarily invoke a case transfer (e.g. if I applied for I-485 in Vermont ... and then moved to say, San Jose, will it cause a transfer to CSC as VSC has no jurisdisction in bay area)?

----> Not necessarily. The center may decide to keep your case or transfer it, though in the cases I have seen, it is a higher probability that they will keep your case than they would transfer it.

2. Though AC-21 does not say anything about salary, it should, I believe, reasonably close (if not higher) to the original LC salary. But what if the prevailing wage is much higher in the new job location, which one is counted then (e.g., using same example again, the San Jose prevailing wage for the same job would be higher than in Vermont, so does the new salary has to match that)?

----> As you pointed out, there are no regulations regarding salary. To be on the safer side, you want to keep the salary higher than the local prevailing wage.
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goodluck!

- ab
 
Shaf said:
2. Though AC-21 does not say anything about salary, it should, I believe, reasonably close (if not higher) to the original LC salary. But what if the prevailing wage is much higher in the new job location, which one is counted then (e.g., using same example again, the San Jose prevailing wage for the same job would be higher than in Vermont, so does the new salary has to match that)?

I would really appreciate comments. Thanks!
Click to expand...

As per matching the salary then it should not be way too less ( ex: prevailing wage in sanjose is 120 k and your salary is 45 k ) . It all depends on the discretion of the Immigration Offcier who is dealing with the case since there is no memo specifying about the salary for Ac21.
 
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