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AC 21 new job has almost double salary from original PERM/I-140. Will it be an issue?

Chicago, IL |

Labor / I - 140 approved in 2007 and I - 485 pending since 6 years . Want to use AC 21 with H 1 B transfer and similar job responsibilities . New job Salary is almost double $ 112 K from labor / Perm salary of $ 56K .

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Attorney answers 6


Getting paid more than the DOL defined prevailing wage with a new employer in the "same or similar" occupation is never a problem. Only the opposite would have raised a problem. But never getting paid more.

Good luck in your new job!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


No. if you got paid less THAT would be an issue. Consider yourself lucky that you are getting more than what PERM salary requires. Congratulations!

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with attorney Behar. He said it all.



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Congratulations on your raise! A change in income only affects you negatively if it becomes lower (less than the prevailing wage).


No, a higher salary will not have a negative affect on porting.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.