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Salary difference between current salary and perm(labor-i-140) salary.

San Jose, CA |

My current employer has applied for perm, my labor and i-140 got approved. As now i am waiting for my priority date to become current (It is running currently 5 years behind). I have come across good job opportunity , it has good learning and stability so i am considering to switch.
question is the new job salary is lesser than the salary approved in labor and i140 with my current employer.
So in future when new company apply for new perm - labor and i140, would this be any issue?

Company A salary and i140 salary - 110K

New company offer - 100K

Thanks in advance for advise and suggestions.

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Attorney answers 6


The employer must offer you a wage that is equal to or exceeds the prevailing wage for the position in the area. It is possible that the wage may be different from the prevailing wage of 5 years ago.


It would not be an issue because the I-140 will die when you leave you leave the employer that filed it. Your new employer will need to start a green card process all over again.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleague. Once you start a new employer, the process starts over. It is best to consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Don't be short sighted.

Your current employer spent THOUSANDS of dollars on you .... and they're paying $10,000 MORE than this new opportunity.

Learn how to be patient ... you will have a good future if you don't 'burn bridges' before you get your greencard.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


You appear to have a good situation now but will lose that and have to start the immigration process all over if you switch jobs.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


it depends on whether you would like to preserve the priority date.

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