Urgent ..Ginnu..Others help on salary issue Tricky AC21 issue

[eppo_varum_enGC]

My LC &140 &485 was filed in a low expensive state, where I was working last 5 years. Therefore LC and 140 my salary was 60K. My GC employer relocated me to corporate HQ which is in high expensive state (california), after one year of pending 485. Also, they increased my salary to 80K.

The lawyer felt that, though it is a employment relocation with the same employer, he considered it is a AC21 (because LC & 140 was filed in different state), and informed the USCIS by filing AC21 and informed the new salary and new address. After that I had a RFE on 485, not on employment verification, it was for birth certificate. We replied to RFE and all my family member 485 got 5 days of LUD. This happened 4 months back.

Now employer layed off me, with in 4 months of my job in new location in California. It was a big shock for me. After a month of job hunting, I have 2 job offers. Both are same/similar jobs. However one job is very near to my apartment and the pay is much less than my previous salary of 80K. They are willing to pay only 60K which is same as LC salary in previous state. Though it is less salary, I am willing to take this job as I need not relocate again and I need not change my kids school and need not inform the address change again.

The other offer is 80K (same as current salary), however it is far away from my apartment (150 miles). I need to relocate my house, find new school for kid and change the address. I am reluctent little bit to do this. Guys advise me to select right offer without geoperdy the 485. I am in EAD (no more H1B)and my PD may become current with in 4 to 6 months.

Please help me. I have to make a decission by today...

 

[ginnu]

My LC &140 &485 was filed in a low expensive state, where I was working last 5 years. Therefore LC and 140 my salary was 60K. My GC employer relocated me to corporate HQ which is in high expensive state (california), after one year of pending 485. Also, they increased my salary to 80K.

The lawyer felt that, though it is a employment relocation with the same employer, he considered it is a AC21 (because LC & 140 was filed in different state), and informed the USCIS by filing AC21 and informed the new salary and new address.
After that I had a RFE on 485, not on employment verification, it was for birth certificate. We replied to RFE and all my family member 485 got 5 days of LUD. This happened 4 months back.

Now employer layed off me, with in 4 months of my job in new location in California.
-----------earlier you wrote "My GC employer relocated me to corporate HQ which is in high expensive state (california)" I think you were working for the same employer who filed GC??
It was a big shock for me. After a month of job hunting, I have 2 job offers.
Both are same/similar jobs. However one job is very near to my apartment and the pay is much less than my previous salary of 80K. They are willing to pay only 60K which is same as LC salary in previous state. Though it is less salary, I am willing to take this job as I need not relocate again and I need not change my kids school and need not inform the address change again.
------------ join that employer then invoke AC21 by sending new employer letter to USCIS.
The other offer is 80K (same as current salary), however it is far away from my apartment (150 miles). I need to relocate my house, find new school for kid and change the address. I am reluctent little bit to do this. Guys advise me to select right offer without geoperdy the 485.
------------ YOUhave to make decision for you. I will join the first employer as no need to relocate and kids schools are near.

I am in EAD (no more H1B)and my PD may become current with in 4 to 6 months.
-------------file the AC21 with new employer job offer letter and keep the copy of each document you send to USCIS
Please help me. I have to make a decission by today...

 

[eppo_varum_enGC]

Thanks ginnu.

I was working for same GC sponsered employer at California, before lay off by them. The lawyer considered the employment relocation from one state to other (though working for same GC sponsered employer) is a AC21 move and informed the USCIS that I will make 80K at California (insted of 60K as per LC/140 in previous employment location in previous state). That means, we already invoked AC21 and informed higher salary.

Now, If I go for a new employment with lesser salary in california (60K) than the salary that I were getting before lay off (80K), will it be an issue? FYI, Both are same job.

Suppose, if USCIS asks EVL in future, and if we show that I make 60K in California, will it be a risk?

 

[ginnu]

Thanks ginnu.

I was working for same GC sponsered employer at California, before lay off by them. The lawyer considered the employment relocation from one state to other (though working for same GC sponsered employer) is a AC21 move and informed the USCIS that I will make 80K at California (insted of 60K as per LC/140 in previous employment location in previous state). That means, we already invoked AC21 and informed higher salary.

Now, If I go for a new employment with lesser salary in california (60K) than the salary that I were getting before lay off (80K), will it be an issue? FYI, Both are same job.
-------------not a problem. just invoke the AC21 with new job offer letter BEFORE the I-485 is approved.
Suppose, if USCIS asks EVL in future, and if we show that I make 60K in California, will it be a risk?
------------I dont see any problem and have not read any AC21 case having problem due to salary they just check the same/similar job duties