Urgent help !!! please don't ignore....

  • Thread starter Thread starter girishreknar
  • Start date Start date
hey...i'd responded earlier in your other thread. And I am going to repeat the same thing here. Go with your gut feeling man. If you really want this new job...then go for it. A salary diff of $5/hr is not going to do any harm. I used AC21 with a salary diff of $7/hr and i got my approval 2 months back.
USCIS DO NOT care about a $5/hr difference as long as your job duties/title looks similar (they just need to look similar...need not be even same).

GO FOR IT.
 
I saw this question on Murthy.com chat on 9/27/04. I think Salary difference should not be a major issue in approving I485 and if your new employer is willing to support your GC then you should not have any issues. Good Luck to you!
Chat User : We used labor substitution, and my I-140 was recently approved, but my current salary is 20% less than what is stated on the LC. Will this jeopardize my I-485 approval? Thanks in advance.

Attorney Murthy : Generally, for the I-485, one has to show at the time of obtaining the GC that s/he was making the same or similar salary if still working with the original sponsoring employer. The problem is that, with AC21 and changes of employers, the law itself does not require a specific salary. The USCIS agrees that the salary issue is really to ensure that the person is performing the same or similar job. So the salary differential may not be detrimental if all other factors work, though it may depend on a particular CIS examiner's discretion. So use a good lawyer to attend the interview or respond to the RFE.
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Go ahead to accept it, but are you saying a new job is a government job??? Is it defense job? As you may know, most government jobs require US citizenship except few jobs may not for non-defense jobs or low/zero security-level jobs. I assume your new job is non-defense job then it would be okay and go ahead to accept it.

5% diff. poses no problem. It is up to officers to make a decision. I don't think it would be a problem.
 
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Thank you guys!

If and only if I get an interview, would they just ask employment letter from my current employer OR pay stubs as well?
 
girishreknar said:
If and only if I get an interview, would they just ask employment letter from my current employer OR pay stubs as well?
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At my interview, they only asked for an employer letter, but I had paystub copies just in case. FWIW my LC salary was $70k a year and my new employer pays me $90k. No problems.
 
I can't agree more with all you guys, but my atty says it is no good even if it is dollar less than your labor approval despite my current location being lower cost of living city i.e. LA than my labor approval city i.e. NEWYORK

My atty says SAME or SIMILAR job means has to be same or more salary than labor approval, is there a regulation or clause describing SAME or SIMILAR ?

Really frustrating to let go this wonderful oppurtunity.....
 
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I am not a lawyer, but in my opinion it makes no diff to VSC. I have stayed 6 years with my company and my labor salary is 50 % less than my current salary. VSC has no problem

Thanks
 
Mr khanna says

I got feedback from Mr Khanna that - there is a risk and hard to say, now what you guys say?
 
unitednations said:
There's a risk with everything. Have you ever heard a lawyer tell you that they are 100% certain of anything.

There is advantage/disadvantage with everything. Lawyers will never give you 100% assurance due to legal liability.
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I fully agree. Immigration laws are not written in black and blue and as such there is risk associated with most of the normal things that every body us. You just have to take the current realities into picture and make a decision. Currently we have not seen any one getting into problems for showing an offer with 10K less than the previous offer.
 
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