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View Full Version : Is Salary on Perm applicable on EAD or after 485 approval?


voicerj
05-17-2011, 11:02 AM
As per knowledge salary mentioned on Perm application is for future, so I have a quick question regarding the salary on Perm application of greencard.

Incase the salary on PERM is around 100k and the person is presently on H1B with a salary of 75k, is it ok.? I guess it is.

Also once the 485 is filed, does the salary needs to immediately take affect incase the person uses EAD & enter on AP, but does not change job with AC21, or he can remain on the same salary of 75k till the approval of I-485 and once the approval comes, he should be getting the salary of 100k.

And incase the person uses AC21 and switches the job, does he need to get the same job profile and salary of 100k mentioned on your application.

Any info on this is highly appreciated?

voicerj
05-18-2011, 03:26 PM
Any clues ?

^^^^^^^^^^^^^^^^^^^^

bugsbunny
05-18-2011, 04:06 PM
As per knowledge salary mentioned on Perm application is for future, so I have a quick question regarding the salary on Perm application of greencard.

Incase the salary on PERM is around 100k and the person is presently on H1B with a salary of 75k, is it ok.? I guess it is.

Also once the 485 is filed, does the salary needs to immediately take affect incase the person uses EAD & enter on AP, but does not change job with AC21, or he can remain on the same salary of 75k till the approval of I-485 and once the approval comes, he should be getting the salary of 100k.

And incase the person uses AC21 and switches the job, does he need to get the same job profile and salary of 100k mentioned on your application.

Any info on this is highly appreciated?

Don't quite get what you are asking
Yeah you can be on lower salary till I-485 is approved
if you switch using AC 21 your new job has to be "same or similar" and some difference in salary is allowed but very large differences can cause issues if your new job is too different

voicerj
05-18-2011, 10:12 PM
Don't quite get what you are asking
Yeah you can be on lower salary till I-485 is approved
if you switch using AC 21 your new job has to be "same or similar" and some difference in salary is allowed but very large differences can cause issues if your new job is too different

So what you are saying is incase you are in the same company using EAD you can be on lower salary or big difference from the salary on PERM till I-485 is approved. but incase you switch using AC21 you need to be "same or similar" job with little salary difference.

bugsbunny
05-19-2011, 03:26 PM
So what you are saying is incase you are in the same company using EAD you can be on lower salary or big difference from the salary on PERM till I-485 is approved. but incase you switch using AC21 you need to be "same or similar" job with little salary difference.

you got it

you can have a big salary difference when you switch under AC21 if most other aspects of your job is sufficiently similar to the one under which I-140 was completed

if you feel the new one is too different then its safer to file PERM and I-140 for it

This is where good immigration attorneys are useful as they will have a better idea of what will be acceptable to CIS, knowing what they accept and reject.