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changing jobs to a lower salary after 180 days

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  • changing jobs to a lower salary after 180 days

    I-485 receiving date: June 21st 2001
    EAD receiving date: Nov 20th 2001
    Finger Printed on :Nov 28th 2001

    The salary indicated in my LCA and i-140 is 50k/yr, but my current employer is paying me way too low then that. It has been 14 months now since receipt date of my i-485. I have a job offer which is 42,300/yr. at this time.

    Q. Is there any problem if I accept this offer, and change my job?

    The new Job Title is the same but the job description is not exactly the same but has some additional responsibilities.

    Q. Is this acceptable to INS or may work against my LCA,i-140 approval?

  • #2
    sal

    The AC21 does not say anythig about the salary, and your new salary seems to be ok (well, it is relative).

    AC21 180 rule only says that the job should be similar, this is anybody's guess, adn how INS will interpret this sentecnce is totally upto them. Many lawyers argue that the salary and location shoudln't be a problem as long as the job is same acoroding to AC21, but again, it is INS regulation which will decide what is right or wrong (according to INS, and if somebody wants to challenge that, one has to go to the federal court!).

    In short, qwe all are waiting for AC21 regulations for almost two years now. IT is hard to answer anythign in yes/no to your questions. In general, if you can take risk, go ahead, if not stay put with the curernt job.

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