wages in AC21 (I-485J) portability

[ghosst485]

Hi
I have a question when filing I-485J second time for another new employer.

Let us say $30,000 is amount shown as the prevaling wage in Perm/LCA from the original employer who filed for I-140 and later on I filed I-485 with I-485J showing salary received at the time of filing I-485 as $60,000.

Now after 2 years of getting EAD I switched to new employer with whom let us say I am getting $50,000 and I know it is less than the amount shown in initial I-485J but greater amount than prevaling wage in original LCA/Perm.

Now I need to file for another I-485J and during AC21 portability when I file for new I-485J will USCIS look at my initial I-485J which was filed as part of initial filing of I-485 from original employer with $60,000 as the salary baseline and deny my new I-485J as it is less than salary mentioned in the initial I-485J OR will USCIS look at prevaling wage mentioned in the PERM/LCA? If USCIS looks at prevaling wage mentioned in PERM/LCA will it look at adjusted prevaling wage based on geographical area? In my case job duties are the same.

Thank You

 

[whitemimauz3]

@ghosst485
Wait until USCIS sends I-485 RFE to confirm I-140 job availability, and then you submit I-485 supplement J confirming job with original I-140 employer or switched employer.

There is no obligation to proactively submit supplement J whenever you switch employers.