Advice Needed: from JIM/JAXEN, Changing job after 180 day to higher salary

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Feb2002Case

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Advice Needed from JIM/JAXEN/Experts , Changing job after 180 day to higher salary

My client is asking me to join as employee. Its more than 180 days. I understand that there is no problem doing this though INS has issued guidelines that they may call these cases for interview. My questions are 2 part

Part1
1. If my LCA staes salary range betwee A and B (say 70K-125K), Can my new salary be 126K i.e. more than the range in LCA? My situation is that I am offered exactly the upper threshold (i.e. B). My salary changes by 50% from the one reported on I140.

I guess title does not matter, job description is same.

2.My client promised me that they will take care of any negotiations with my current employer. I dont know how will they react. Assuming they will agree, Should I resign or my cyrrent employer should fire me?

Part2
1. I had also applied for Candian PR. Now I am at a point where either I dump it or send them passports for stamping PR. What should I do? If I get it stamped, will it cause any problem at interview or american GC stamping? I am keeping Canadian PR only for BACKUP and I do not want to keep it once I get GC.

2.Now if I get interview and my passports are with Canadian consulate at that time for stamping(which is a possibility), what are the options?

Any inputs are highly appreciated as I am totally nervous and cofused what to do?

Thanks in advance!
 
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No Problem

Part 1
1. One can argue that after GC approval your sponsoring employer might have given the higher salary... Since INS is taking longer time to approve , promotions cannot be put on hold.

2. Both options are ok. If your sponsoring employer fires you, you are a little safe, but it might hurt your employer in the long run.

Part 2
1. I do not see any issue in your getting canadian PR. However make sure that canadian PR requirements for residency are not violated. Once you get US PR, you have to maintain residence and PRESENCE in US for more than 181 days. As long as you can do that , you are fine as far as US PR is concerned.

2. Wait for the passports to return. It is not necessary to get the stamping immediately. I think either the approval does not have expiry date or U have a year...
 
Jaxen: Thanks for your comments.....

I appreciate your comments and it has definitely cleared my doubts. I go through many of your posts and it is very valuable and helps lot of people. I have one more question

1. Let us say my case is transferred to local office for interview (as per latest INS guidelines for I485 interview waiver). Are passports required at the time of interview? If yes and say we do not have passport, what are our options? (I am anticipating our passports will be with canadian authorities for stamping around the same time)

Thanks in advance!
 
passports not necessary for interview (unless the question is about some entry in the passport). When you get the letter for the interview, you will be given a list of documents to bring.
Either you can show that passports are with the canadian authorities or request postponment of the interview.
You will get at least 1 month notice for an interview
 
Help - Laid Off before 180 days

I got laid off 5 months into my 485 filing and have my EAD & AP. My
H1 expires in a few months. I will be paid every two weeks atleast
for the next month which will cover the 180 day period.

My first questions is that Is it legal for me to find a job and work
for a new company after 6 months of my 485 filing- In other words,
can I use the 180 day rule?

The other question I have is - Does the job title have to match or is
it okay that most of the description matches the one in my LC?

I filed in Texas and it will be a looooooooooooooooooong time before
I even get Finger Printed. Should I let INS know when I join my new
job and should I file a change of address? My present lawyer had
advised me not to change address ev n if i moved to a different
jurisdiction as it added more confusion and delay.

:confused:
 
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