Sakthisagar
01-25 09:02 AM
Please file a new H1B extension petition with a copy of contract between the client and your company.. the actual contract, if the client/vendor do not want to share that with your attorney then ask the client/vendor to directly send that to USCIS fax number and ask your attorney to mention in a seperate letter that client contract/letter (copy of original) will be sent by their attorney in so and so time.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
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virginia_desi
05-15 12:15 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
fromnaija
07-18 06:19 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
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marlon2006
06-14 11:30 AM
Yes. It seems that NY was a little behind NSC.
It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.
I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.
I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
more...
meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
tinoue
09-27 08:24 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
more...
superdude
07-20 12:29 AM
Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.
I appreciate all your responses.
Thanks
HP
Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
I appreciate all your responses.
Thanks
HP
Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
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amitjoey
07-13 05:58 PM
Alright.. I had the power (zee.. I am so powerful) to give you some reputation in IV society and I did that because you sound like a very nice person. :D
Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D
It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.
Thanks GCard_Dream
Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D
It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.
Thanks GCard_Dream
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PierceG
05-31 05:06 PM
They're all very bad. Soul's is worst.
The music is great. I laughed and laughed.....
The music is great. I laughed and laughed.....
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GCBy3000
09-19 07:16 PM
I have heard such cases and as per law, you are responsible to bring it to the USCIS notice about their mistake. Since you have one more month left, it is better to work with your attorney to iron out this issue. Make sure you bring this to UCSIS notice.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
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chris9902
06-12 07:41 PM
about as much as i want aids
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pbuckeye
03-30 07:10 PM
How about your client directly sending the agreement to the consulate .
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
more...
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ajju
10-13 05:57 PM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
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akkakarla
08-05 06:04 PM
Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
more...
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bekugc
03-18 12:41 PM
while we use Ead to chg to a different company during ac21, is it possible to first chg the company using ead and then later apply for h1 transfer ?
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sam571
05-08 10:20 AM
Hey jvs_annapurna
Congratulation on your approval .
I have one question for you? Your new Company is direct client company (like Google, yahoo)
or its a consultant?
Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?
Please advise Gurus,
Thanks.
Congratulation on your approval .
I have one question for you? Your new Company is direct client company (like Google, yahoo)
or its a consultant?
Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?
Please advise Gurus,
Thanks.
more...
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WaldenPond
09-07 10:44 AM
If you plan on being in DC area on September 17th and if you would like IV to assist you to meet with the lawmakers from your State, please email us the following information at your earliest convenience at lobbyday@immigrationvoice.org:
Name
IV Handle
Phone Number
Zip code
State
Meeting with the office of lawmakers have to be setup much in advance and it would help the volunteers to seek meetings for you if you send us this information today.
If you have any question, please write to lobbyday@immigrationvoice.org. Please keep in mind that we are coordinating meetings for more than 500 IV members for the Lobby day and delay in sending us information about your availability would make it difficult for us to seek appointments for you. So kindly treat this request as Urgent.
Name
IV Handle
Phone Number
Zip code
State
Meeting with the office of lawmakers have to be setup much in advance and it would help the volunteers to seek meetings for you if you send us this information today.
If you have any question, please write to lobbyday@immigrationvoice.org. Please keep in mind that we are coordinating meetings for more than 500 IV members for the Lobby day and delay in sending us information about your availability would make it difficult for us to seek appointments for you. So kindly treat this request as Urgent.
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rsdang1
06-24 03:47 PM
I understand where you are coming from but more awareness and publicity will only help and hopefully drive action...
Go Mayor Go... get us CIR...:D
Go Mayor Go... get us CIR...:D
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srikanthmavurapu
08-16 03:00 PM
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
chanduv23
03-16 08:55 AM
hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...
Whats is the connection between "J1 Visa" and Canada?
Whats is the connection between "J1 Visa" and Canada?
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