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please answer I am close to 485

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  • please answer I am close to 485

    Rajiv Sir,

    please take look and let me know the consequences on 485 and do advise

    My Consulting firm is based in VA.I was working in VA, my labor and 140 applied and approved in VA in 2007 and 2008.
    Recently I moved to NJ for different project still I work for same consulting firm,as my priority dates got current Applied for EAD,AP and 485 from NJ had biometrics done recently waiting for approvals.

    1. Will change of state does matter ?

    2. EB2 Labor petition is salary is 80k,my current H1 LCA is 70k i have been paid as per h1b LCA in 2010.
    and my previous 2006-2009 W2's ranges form 90-110K,will this be any issue

    3. I was working ABC-client in VA at that time my h1b extened for three years went to india for stamping.

    4. next worked for PQR-client(feb -july) in MD LCA was done H1b amendment notice sent/recived on may/2011 denial notice received on DEC/22 that time I am no more working for PQR-client next project started as mentioned below.

    5. currently working for XYZ- client (Aug - till date) LCA done and H1B amendment notice date mailed in NOV/2011 (status -initial review)

    please advise..

  • #2
    The salary on the labor certification represents the minimum they're supposed to pay you after GC approval. It's always OK to pay more, and paying less is OK before GC approval.

    The change of state is not a problem yet ... the location on the labor certification represents where you're supposed to work after GC approval. But after the I-485 has been pending for 180 days, the AC21 law allows you to work in a different location or for a different employer or both.

    However you might have other problems because of that H1B amendment denial. Discuss that with your company's immigration lawyer. The denial reason may prevent your I-485 from being approved.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.


    • #3
      thanks Jackolantern for your reply suggestion..