Urgent AC21 Question

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rorostar

New Member
I have a question regarding the job offer letter and similar pay for AC21.

Months after I have left my previous company that filed my GC, my old company decided to withdraw my already approved I-140. My I-485 has been pending for more than 180 days. I received this intent to deny, and the letter stated that I am given a chance to provide an evidence for:
An offer of employment for similar occupation at similar pay. The question is, it is nowhere stated that the employment have to be a permanent employment. Currently, I am working on a contract. Could I send in a job offer letter for this contract instead?

Secondly, my labor cert was issued with prevailing wage of 81k. However, when my contract matures, the company is going to offer me a lower wage (70k). Is it still considered similar?
 
rorostar said:
I have a question regarding the job offer letter and similar pay for AC21.

Months after I have left my previous company that filed my GC, my old company decided to withdraw my already approved I-140. My I-485 has been pending for more than 180 days. I received this intent to deny, and the letter stated that I am given a chance to provide an evidence for:
An offer of employment for similar occupation at similar pay.
----------------similar pay?LC, I-140 are all for future permanent job. GC is for future job after I-485 gets approved. Read the AC21 Memo it does not say anything about similar pay

The question is, it is nowhere stated that the employment have to be a permanent employment. Currently, I am working on a contract.
Could I send in a job offer letter for this contract instead?
-----------No, contract is not permanent job offer.
Secondly, my labor cert was issued with prevailing wage of 81k. However, when my contract matures, the company is going to offer me a lower wage (70k). Is it still considered similar?
Click to expand...

You need permanent job offer letter with same/similar job duties. The LC wage is supposed to be paid AFTER I-485 is approved. GC is for future job.
 
Thank you all for your replies.

Ginnu, the letter from USCIS stated that the job offer letter has to be in similar qualification and similar pay.

Right now I am on 10-99 contract (I guess that means I'm self employed).
I could get on W2 contract quickly, but I that's not good enough for AC21.
However, I have the opportunity to take a (much) lower pay and become permanent employer of the client.
If ya'll said I need a permanent job offer letter, I guess I don't want to take chances and beg to get the permanent job offer letter.

I have posted at another forum about my situation, and an attorney mentioned that according to May 2005 USCIS memoranda, it does seemed possible to file AC21 under self-employment.

These are the quotations from that memoranda:
"In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."

Since the above statement is very subjective, how could I show that the company intended to employ me at the time of the I-140 and I-485 filing? By showing that I was on their payroll (showing W2 and paystubs)?
 
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the 2005 memo also says that since the company filed i140 for you in the first place that itself shows their intention.

Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

pay is also not a problem. but if there is a lot of difference they might need additional proof to show that you are in same/similar job.

Please let us know what happens
 
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