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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 10-27-2014, 05:44 PM
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Default Impact Of Salary On I-485 / Ac-21

Hello Gurus!
My PERM prevailing wages are 12X.
As I was out of US during Jan and first week of Feb, I was expecting total wages to be 11X during 2014.
Everything was going good until now, however my employer suddenly changed the way he deposits salary and now I am scheduled to get 10X during 2014 (i.e. 2014 W2 would show only 10X salary).

In Mar-15, when my I-485 would be pending for more than 180 days, I am planning to invoke AC21 and go to another prospective employer. My question is how this 10X salary shown on 2014 W2 would impact me in future.

Please advise.

Thank you!
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  #2 (permalink)  
Old 10-28-2014, 12:33 PM
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Originally Posted by itsmeusa View Post
Hello Gurus!
My PERM prevailing wages are 12X.
As I was out of US during Jan and first week of Feb, I was expecting total wages to be 11X during 2014.
Everything was going good until now, however my employer suddenly changed the way he deposits salary and now I am scheduled to get 10X during 2014 (i.e. 2014 W2 would show only 10X salary).

In Mar-15, when my I-485 would be pending for more than 180 days, I am planning to invoke AC21 and go to another prospective employer. My question is how this 10X salary shown on 2014 W2 would impact me in future.

Please advise.

Thank you!
I dont think there will be any impact. I had this discussion with my company's lawyer when I was pushing to file for EB2 and as per him, once you file I-485 law is flexible enough that you can do whatever you want to in the same field for which your labor was filed. Since my I-485 was filed and I was still in same line of work, there was no requirement to file new labor and hence no EB2. Applying same rule in your case, you can upgrade or degrade yourself without any consequences to your GC application, as long as you are employed in same line of work. So, if you are in IT and as long as you are doing something related to that, then you are fine. But, if you change yourself to be a Politician or auto mechanic then you require new labor.

This is my simplified understanding of the law, which could be wrong, so check with lawyer of your current or future employer to be sure.
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Old 10-28-2014, 06:29 PM
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Thanks for the reply.
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