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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 14th October 2008, 07:09 PM
susi_babu susi_babu is offline
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Join Date: Jul 2006
Posts: 27
Is it Good ? - Need your help

Hi Ginnu,
This is susi again with another clarification.

1. My Offer letter from company B, says

"your compensation will be $48,000 per year, which we will pay in bimonthly increments. In addition to this, you will receive a project incentive of $13 per hour. This payment will be based on billable hours only. " -

Since iam transferring my h1b to company B - The Offer letter also says

"Your combined annual compensation will never fall below the annual rate as dictated by the H1B petition filed on your behalf."

Now, Iam doubt on the word Billable hours -- Will this type of words(billing hours) create problems while iam filing for AC21 or never mind ?

2. When i ask from where this $48K comes from, while my Labor for GC says the Prevailing wage is $65K ?
They said $48k is for my LCA (Minimum wages that has to be paid for current location where is work now) - Iam again confused here. From your previous answers i understood LCA is for H1b but, will this current LCA ($48K) will cause any issues when i file AC21.

3. Also give me the important points (generic) which i need to check/has to be there in the offer letter, which will be used for AC21 filing.

pls give your suggestion on this.

Thanks
Susi
__________________

Country: India
PD: 10/2006 (EB3)
I-140 RD - 02/15/2007 ND - 02/19/2007 LUD's 8/2, 8/5 <b>AD</b> 8/2/2007
Center - TSC, Approved
I-485 - NSC
Send Date - 07/26/2007, RD - 08/13/2007


The above Quotes are only my suggestions and understanding of the existing rules or Conversations. Please take your decision after consulting with an experienced lawyer.

Last edited by susi_babu; 14th October 2008 at 07:14 PM.
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  #2  
Old 15th October 2008, 07:19 PM
ginnu ginnu is offline
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Join Date: Nov 2002
Posts: 13,478
Quote:
Originally Posted by susi_babu View Post
Hi Ginnu,
This is susi again with another clarification.

1. My Offer letter from company B, says

"your compensation will be $48,000 per year, which we will pay in bimonthly increments. In addition to this, you will receive a project incentive of $13 per hour. This payment will be based on billable hours only. " -

Since iam transferring my h1b to company B - The Offer letter also says

"Your combined annual compensation will never fall below the annual rate as dictated by the H1B petition filed on your behalf."
******************** This letter is NOT for AC21. AC21 letter should have your job title, skills ,date joined and present wages , permanent job offer with same/similar job duties.


Now, Iam doubt on the word Billable hours -- Will this type of words(billing hours) create problems while iam filing for AC21 or never mind ?

2. When i ask from where this $48K comes from, while my Labor for GC says the Prevailing wage is $65K ?
They said $48k is for my LCA (Minimum wages that has to be paid for current location where is work now) - I am again confused here. From your previous answers i understood LCA is for H1b but, will this current LCA ($48K) will cause any issues when i file AC21.
----LCA is for H1, LC is filed for GC(first step).

3. Also give me the important points (generic) which i need to check/has to be there in the offer letter, which will be used for AC21 filing.
------Sample AC21 letter has been posted many times and search.

pls give your suggestion on this.

Thanks
Susi
Here is sample AC21 letter that you need from your employer on company Letterhead :

October ..., 2008

TO WHOSOEVER IT MAY CONCERN



Dear Sir/Madam:

This is to certify that .....YOUR NAME is a permanent employee at our company (company Name).

XXX (YOUR NAME) has been with us since ........ His/Her annual salary is XXXXX,and his/her job duties include:
AAA BBB , CCCC, DDDD, EEE, FFF, HHH, GGG, KKKKK ,LLLLLL


We expect to continue employ Him/ her.

Accordingly, we respectfully request that you grant Him/ her approval of the I-485 application/Immigrant Visa in order for Him/her to obtain her permanent residency status soon. Thank you for your assistance.


Sincerely,




Name
Signature

Designation
__________________
Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

Last edited by ginnu; 15th October 2008 at 07:24 PM.
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  #3  
Old 16th October 2008, 05:47 PM
susi_babu susi_babu is offline
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Join Date: Jul 2006
Posts: 27
Thanks Ginnu.
__________________

Country: India
PD: 10/2006 (EB3)
I-140 RD - 02/15/2007 ND - 02/19/2007 LUD's 8/2, 8/5 <b>AD</b> 8/2/2007
Center - TSC, Approved
I-485 - NSC
Send Date - 07/26/2007, RD - 08/13/2007


The above Quotes are only my suggestions and understanding of the existing rules or Conversations. Please take your decision after consulting with an experienced lawyer.
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