Gurus/Experts/- Need your help .
I have an approved I-140 and 180 days of reciept from I-485 is over. I do have EAD/AP but no request for FP yet. These were all filed and approved from INS,Texas.
I now have an offer,the Base Salary is approx 20% lesser than
my GC- Labor,although the job duties/responsibilites are same.This job is in Nebraska jurisdiction and I'll have to relocate to the new job location.
1. Will lesser salary create a problem ? I did read couple of other postings that said it should'nt be a problem, but I saw the following latest note on one of the immigration web sites that has confused me.
Summary of September 19, 2002 ISD Teleconference:
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AILA question: In connection with an employment based I-485 application pending for more than six months, where the I-485 applicant is no longer working for the sponsoring employer, at least one Service Center indicates they have discretion to determine whether the new employer has the ability to pay the wage offered on the original ETA 750. We submit that an inquiry as to the new employer’s ability to pay the salary offered in the Labor Certification filed by the I-140 petitioner is beyond the scope of the statute and any AC 21 guidance issued by INS. The inquiry should be limited to whether the position is the same or similar occupation to that in the approved I-140 petition. Please
advise.
INS answer: ISD was advised by the Office of Programs that the wage on the Labor Certification must be paid by the new employer. Therefore, Programs says the new employer’s ability to pay the wage is relevant.
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2. Will I have to resign with my current employer/sponsor and join the new employer on my EAD.
3. Should I inform INS about the new Employer with AC-21 form or should I just send the AR-11 form of address change to INS,Texas. I am not sure if AR-11 form has to be sent to the jurisdiction you stay or to the service center you had filed your I-485.
4. Any idea what will happen to my file if I send the AR-11 form or the AC-21 application to INS,Texas. Will they transfer the file to Nebraska.
3. Should I join the new Employer on H1 ,since I still have 2+years left and still have the I-485 process going on.
Thanks everyone.
PKSVS
I have an approved I-140 and 180 days of reciept from I-485 is over. I do have EAD/AP but no request for FP yet. These were all filed and approved from INS,Texas.
I now have an offer,the Base Salary is approx 20% lesser than
my GC- Labor,although the job duties/responsibilites are same.This job is in Nebraska jurisdiction and I'll have to relocate to the new job location.
1. Will lesser salary create a problem ? I did read couple of other postings that said it should'nt be a problem, but I saw the following latest note on one of the immigration web sites that has confused me.
Summary of September 19, 2002 ISD Teleconference:
---------------------------------------------------------------
AILA question: In connection with an employment based I-485 application pending for more than six months, where the I-485 applicant is no longer working for the sponsoring employer, at least one Service Center indicates they have discretion to determine whether the new employer has the ability to pay the wage offered on the original ETA 750. We submit that an inquiry as to the new employer’s ability to pay the salary offered in the Labor Certification filed by the I-140 petitioner is beyond the scope of the statute and any AC 21 guidance issued by INS. The inquiry should be limited to whether the position is the same or similar occupation to that in the approved I-140 petition. Please
advise.
INS answer: ISD was advised by the Office of Programs that the wage on the Labor Certification must be paid by the new employer. Therefore, Programs says the new employer’s ability to pay the wage is relevant.
-------------------------------------------------------------------------
2. Will I have to resign with my current employer/sponsor and join the new employer on my EAD.
3. Should I inform INS about the new Employer with AC-21 form or should I just send the AR-11 form of address change to INS,Texas. I am not sure if AR-11 form has to be sent to the jurisdiction you stay or to the service center you had filed your I-485.
4. Any idea what will happen to my file if I send the AR-11 form or the AC-21 application to INS,Texas. Will they transfer the file to Nebraska.
3. Should I join the new Employer on H1 ,since I still have 2+years left and still have the I-485 process going on.
Thanks everyone.
PKSVS