| Q. |
AC21
I work with company-A (CPA firm) H1B as "Manager - Audit"
Company B (Retail stores) applied for me labor in Jan 2006 which is approved on July 06 as "Accounting Consultant"
Company B applied 1-140 for me which is approved in Dec 2007 under EB-3 category with salary level of $45000 as a future employement.
I-140 filed by Company B is approved.I-485 is also filed but peding >180 days
Company B is going out business now due to bad economic situation
Current salary at Company A is more than double of $45,000.
Should I invoke AC21?
Can I use AC21 now to transfer my GC process to company A but I did n't work for company B after I-485 submission assuming both jobs are similar?
Will salary difference hamper AC21?
Category: Employment-based Green Card
User's Location:
Jersey City, New Jersey, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
If you are afraid that Company B (your green card sponsoring employer) is about to go out of business, then you should definitely invoke AC21 in order to preserve your green card process.
Assuming both jobs are "same or similar" then you can use AC21 to "transfer" your process to Company A. As you probably know, AC21 allows you to switch jobs and preserve your green card case as long as your new job is "same or similar" to the old one. The factors which go into determining whether your new job is same or similar are A) description of the job duties contained in your labor certification, B) the DOT/SOC codes, and C) wage discrepancy.
I am not sure what are your duties in Company A as "Manager - Audit" and how they are different than the duties described in your labor filed by Company B as "Accounting Consultant" - hopefully the duties are similar, even though the titles are not. Your salary, being double now, can be a problem. What is the reason for the increased salary - is it inflation adjusted or increase based on experience or it the high salary due to the fact that your job with Company A is substantially different?
I think that a salary which is double what Company B offered is likely to raise some flags that the job is not "same or similar." However, if this can be justified, then you should be able to use AC21 to transfer your green card process to Company A.
Good luck and please let me know if you need any assistance in further analyzing the AC21 transfer or with preparing and filing the necessary paperwork.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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