Moving to a lesser pay job using AC21

[razis123]

My GC labor/140 petition mentions the payrate of 36.67$ an hour( no benefits watsover). Now i am getting an offer for a full time job for 62K per annum with medical and vacation benefits. Can I switch using AC21 with similar job profile or is it very risky. I have already got an RFE for company tax etc last year and my sponsor employer has already responded with the required. Please advise since my sponsor employer has said that he will inform uscis as soon as i leave his company that i am no more working for him.Thanks

[ksircar]

bump ^^^

[rockstart]

Pretty tricky question. If you look at it straightforward USCIS could question underpayment. But then again we will have to see what SOC code your labor was filed under and what is the prevailing wages under that category. Definately you cannot be paid less than wages determined for that SOC code. The best bet is to talk to a good attorney.

[Winner]

My GC labor/140 petition mentions the payrate of 36.67$ an hour( no benefits watsover). Now i am getting an offer for a full time job for 62K per annum with medical and vacation benefits. Can I switch using AC21 with similar job profile or is it very risky. I have already got an RFE for company tax etc last year and my sponsor employer has already responded with the required. Please advise since my sponsor employer has said that he will inform uscis as soon as i leave his company that i am no more working for him.Thanks

You may want to move this to "Ask the Lawyers" forum to get lawyers opinion.

[gcseeker2002]

How about this ? If your labor certification pay rate is less than your current pay rate and then now you use EAD to change to the lower pay rate similar tot he labor certification pay rate, would that also cause RFE ?

[vin13]

My GC labor/140 petition mentions the payrate of 36.67$ an hour( no benefits watsover). Now i am getting an offer for a full time job for 62K per annum with medical and vacation benefits. Can I switch using AC21 with similar job profile or is it very risky. I have already got an RFE for company tax etc last year and my sponsor employer has already responded with the required. Please advise since my sponsor employer has said that he will inform uscis as soon as i leave his company that i am no more working for him.Thanks

Benefits include vacation, holiday pay, medical insurancethe company pays, 401k contribution, etc. Typically, benefits amount to about 25-30% of your pay rate. You may be able to include Total compensation (Including benefits) for determining the payrate.

Talk to a lawyer to have it worded right. I strongly feel that benefits should be included as part of the pay package calculation. Explore this route with a lawyer.