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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 30th June 2005, 02:26 PM
sriram1975 sriram1975 is offline
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Location: Maryland
Posts: 250
AC21: How to find Prev wage for diff geographical area?

hi,
my labor was approved for MO and I'm in 485 stage. How do I translate it to an equiv salary in another state so that I can get a letter from new employer stating that salary? New employer will pay equiv salary and the rest as per-diem. Any input is appreciated.
__________________
Concurrent
PD: Dec'03 (EB-2)
140,485 @ NSC
RD: 08/20/04; ND: 08/23/04

FP1 ND: 09/04; Appt: 10/04
EAD(Wife & I): AD 11/2004
AP(Wife & I) : AD 11/2004.

140 RFE: 04/05 (Exp Letters, 2004 W2)
Reply Rcvd: 05/20/05
140 LUD: 05/25/05, 06/01/05
140 AD: 06/01/05

485 RFE: EVL, July 29 (Reply reached NSC:Aug 20;"Rfe reply received" email on Aug 25)
FP2: (Code2) Aug 17
485 AD(Wife & I): 08/30/05; LUD AUG 18,25,26,29,30,31
Card Ordered & mailed: 09/01/05; Recvd: 09/03/05!
SUBAM
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  #2  
Old 1st July 2005, 01:29 PM
sriram1975 sriram1975 is offline
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Join Date: Feb 2004
Location: Maryland
Posts: 250
Here you go:

Thanks to hmd and United Nations, I was able to locate the prevailing wage for VA. My original labor was for MO. I've uploaded a Word Doc to help others. If there are any erros, please PM me with the corrections and I will be able to make the changes.
Attached Files
File Type: doc Finding Prevailing Wage.doc (31.0 KB, 1840 views)
__________________
Concurrent
PD: Dec'03 (EB-2)
140,485 @ NSC
RD: 08/20/04; ND: 08/23/04

FP1 ND: 09/04; Appt: 10/04
EAD(Wife & I): AD 11/2004
AP(Wife & I) : AD 11/2004.

140 RFE: 04/05 (Exp Letters, 2004 W2)
Reply Rcvd: 05/20/05
140 LUD: 05/25/05, 06/01/05
140 AD: 06/01/05

485 RFE: EVL, July 29 (Reply reached NSC:Aug 20;"Rfe reply received" email on Aug 25)
FP2: (Code2) Aug 17
485 AD(Wife & I): 08/30/05; LUD AUG 18,25,26,29,30,31
Card Ordered & mailed: 09/01/05; Recvd: 09/03/05!
SUBAM
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  #3  
Old 1st July 2005, 04:17 PM
sriram1975 sriram1975 is offline
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Join Date: Feb 2004
Location: Maryland
Posts: 250
1. Locate the OCC Code from your Labor Certification. It should be on the lower right corner of the ETA-750A, Page 1. Or you can check the PERM database @ http://www.flcdatacenter.com to see if your labor is entered into the database for your company. (You can sort by Employer Name to get your OCC Code if entered)
2. Go to ONet-Online @ http://online.onetcenter.org/ and click on Crosswalk Search
3. Enter the OCC Code to get the equivalent ONET Code. For example the DOT Code for Software Engineer is 030.062.010. Enter that and press Go.
4. Now you will get the DOT Code. If you enter the above code you will get 3 results. You can pick the one that closely matches your skill set by clicking on the DOT Titles and browsing the detailed descriptions.
5. While viewing the Summary Report for the job title (DOT Title) you clicked above, you can click on the Wages & Employment tab under the Summary tab.
6. Enter the State the new job/employer is going to be in and click Go
7. If the Check Box Wage Information is not checked, then check that box and click on Update.
8. You can look up the Table which has the percentile and corresponding salary for the Job Title pertinent to your geographical area!

Another Approach:
1. Go to FLC Data Center’s Download @ http://www.flcdatacenter.com/download.aspx
2. Click on the Download the OES Data for <Current Year>. (You’ll need Microsoft Access Installed to open the database)
3. Unzip the Access Database and open it.
4. Click on the table onet_Dot_onetsoc_xwalk and go to the column DOT_CODE. Sort by DOT_code. For example the OCC_CODE/DOT_CODE 030.062-010 will be shown as 030062010.
5. You can get the corresponding ONET_CODE. Example: For Occ_Code 032060010 it is 15-1031.00.
6. Now go to table oes_Geo. Sort by State and locate your corresponding column AREA_CODE. For example, FairFax County in Virginia has an Area_Code 8840.
7. Now go to table alc03n. Sort column AREA_CODE. For Example: Go to Area_Code 8840 and Right Click on 8840 and Click Filter By Selection. Now you have only area code 8840. You can now sort by OCC Code. Locate OCC Code 15-1031 and you have your wage.
8. To have an idea which wage level your original wage was, follow above steps for the original state and find the level that closely corresponds to your Labor Wage. Now you can use that same Wage Level for your new state.

If you think anything here is erroneous, please PM me and I can make the necessary changes.
__________________
Concurrent
PD: Dec'03 (EB-2)
140,485 @ NSC
RD: 08/20/04; ND: 08/23/04

FP1 ND: 09/04; Appt: 10/04
EAD(Wife & I): AD 11/2004
AP(Wife & I) : AD 11/2004.

140 RFE: 04/05 (Exp Letters, 2004 W2)
Reply Rcvd: 05/20/05
140 LUD: 05/25/05, 06/01/05
140 AD: 06/01/05

485 RFE: EVL, July 29 (Reply reached NSC:Aug 20;"Rfe reply received" email on Aug 25)
FP2: (Code2) Aug 17
485 AD(Wife & I): 08/30/05; LUD AUG 18,25,26,29,30,31
Card Ordered & mailed: 09/01/05; Recvd: 09/03/05!
SUBAM
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  #4  
Old 1st July 2005, 08:42 PM
murthytvsn murthytvsn is offline
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Posts: 100
Thanks This information is very helpful
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  #5  
Old 26th November 2007, 03:29 PM
murthytvsn murthytvsn is offline
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Join Date: Dec 2003
Posts: 100
If you invoke your EAD there is no need to apply for h1. While 485 is pending you can get RFE's related to birth certificate etc. If you don't want to take this job you can use portability rule(AC 21) and join similar job as your 485 is pending for more than 180 days. Attorney's advice is always helpful related to these kind of matters.
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  #6  
Old 27th November 2007, 10:40 AM
plztoday plztoday is offline
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Join Date: Sep 2006
Posts: 81
HI,

I work as a software developer and my new job description is of a Administrative position,but my manager said he will write a letter stating the same job description as it is there in my labour for USCIS.but he will not take any further responsibilities to reply to any RFE.

my question is.
1. but they will write in my H1 transfer as admin not developer.will that cause any problem?in my GC
2.my salary will also reduce.
3. my I485 is pending for more that a year now.and I140 has been cleared.so if an RFE comes for I485 what can it be?will it ask some thing from the company ?
in shot is it a huge risk to take this job ?
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  #7  
Old 5th December 2007, 08:32 AM
LSR_JMD LSR_JMD is offline
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Join Date: Oct 2007
Posts: 9
Quote:
Originally Posted by sriram1975 View Post
Thanks to hmd and United Nations, I was able to locate the prevailing wage for VA. My original labor was for MO. I've uploaded a Word Doc to help others. If there are any erros, please PM me with the corrections and I will be able to make the changes.
Hey i don't see my case here
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  #8  
Old 8th December 2007, 01:02 AM
Zgreen Zgreen is offline
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Join Date: Dec 2004
Posts: 373
Not all job titles are listed there, you need to look for a similar one, or read through the descriptions.
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  #9  
Old 11th December 2008, 10:27 AM
sn19 sn19 is offline
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Has any physician ever invoked AC 21 ?
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