Any relation to LC and LCA

G

gnkishore

Registered Users (C)
Gurus,
I want to ask you a question. Is there any relation between LC filed for green card processing and the Labor Condition Agreement (LCA) filed for H1B application. I dont have LC but I do have LCA. Can I jump now using AC21. ( I have 485 & > 180 days)
Please advise.
Thanks
Kishore.
 
Originally posted by gnkishore
Gurus,
I want to ask you a question. Is there any relation between LC filed for green card processing and the Labor Condition Agreement (LCA) filed for H1B application. I dont have LC but I do have LCA. Can I jump now using AC21. ( I have 485 & > 180 days)
Please advise.
Thanks
Kishore.
Click to expand...
They are totally independent. One has nothing to do with the other.
 
gnkishore

LCA (labor condition application) is issued to fill a temporary position using H1 visas (non-immigration) whereas LC (labor certificate) is issued to fill a permanent position i.e for people who intend to immigrate permanently to USA. Both are different. You need LC approval to file for immigration visa (I-140) and also adjust your status to GC by filing I-485. Only after filing I-485, you can use AC21 law provided you meet certain conditions.
 
Also GC is meant for future requirement whereas H1B is for present job.

You may have 40-48K salary for H1b but for GC (for example in case of EB2, your labor will be cleared if your employer agrees to pay 83 K ).

I am not sure if you use AC21 which salary standard you should keep.
Better consult with Lawyer.

Good Luck.
 
achal,
If one is recieving a salary mentioned in LCA all through but LC is much higher, will there be any problem if there is a RFE.
 
peace_of_mind, there should be no problem if LCA salary is lower than LC salary, as long as your lawyer replies to this salary related RFE by saying that you will receive the salary mentioned in LC after you get your GC.

You have to make sure that your lawyer replies to this RFE correctly, if it comes.
 
Yes peace_of_mind as jaykarandikar told there would not be any problem.

My GC salary is 83 K which I am supposed to get after GC is approved.

But at present I am maintaining 48K + status as mentioned in H1B.

Important : It's employer's responsibility to match their records so they can prove that they are able to give you 83 K(or whatever mentioned) after GC approval.

One of my friend's I 140 was denied because his company showed loss. and USCIS denied his I140.

Hope this will help.
 
Jaykarandikar and Achal,
Thanks guys. You both are thinking in the same lines as I.

What would happen in case if somebody would use AC21. Till date eventhough I had an oppertunity to use AC21, I never left my original company, since salary requirements are not interpreted properly in AC21. It looks like those who use AC21, have to show current salary/paystubs (in case of RFE) with reference to LC since LCA is no more valid.....what do you guys think.
 
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