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Can AC21 be applied ?
- Thread starter gandharv
- Start date
ramavataar
Registered Users (C)
Jaxen pl. respond
Jaxen pl. respond to my "LaidOff/140aprroved/AC21/No FP" in the same forum
Jaxen pl. respond to my "LaidOff/140aprroved/AC21/No FP" in the same forum
"THANKS for the reply Jaxen. I think I am not clear. I never worked for company "A" who is sponsoring my GC. All these days I am working for company "B". Company "A" has started my GC with an intention to take me in future. Now the company("A") is in trouble. Can my GC process be continued if I am stay with company "B" in the absence of company "A" supporting me further down the road? Can I make use of the EAD with company "B"(current employer) right away? " To me AC21 appears to speak only on the portability of employees ( those who are working c OR who had worked for the GC sponsorer only) but not clear about the employees who never worked for GC sponsorer. The straight answer I am searching for is: Can we use the portability clause by never working (past,present or future) for the GC sponsorer if we satisfy the 180 days clause?"
Thanks once again for the useful guidance"
ghost-rider
Registered Users (C)
GC is for future job . It is not nessary to work for company who filed your 485 till u get it . Now the compny says they wo't be able to take u in because they do't hv the job anymore or they r closing and INS has not adjusted ur 485 for more then 180 days u r free to go anywhere else on similar job on EAD and get your GC. Make sure ur salary is more or eaual to LC and job is similar to LC.
Re: how much salary variation is allowed from Labor/I-140
it used to be 'salary doesnot matter ' approx six months ago under Ac21, and I think there was intermidiate ruling from INS (may be you can find on immigration.com or murthy.com or ins web site itself) so now it does matter, atleast your salry shouldn't be less than it was stating in LC, more is fine
This is just my opinion, you can do further research
I hope this help
jb
it used to be 'salary doesnot matter ' approx six months ago under Ac21, and I think there was intermidiate ruling from INS (may be you can find on immigration.com or murthy.com or ins web site itself) so now it does matter, atleast your salry shouldn't be less than it was stating in LC, more is fine
This is just my opinion, you can do further research
I hope this help
jb
Originally posted by petestone
Some threads say that job should be similar in terms of responsibilities and salary doesnot matter (so long as above poverty line).Please advise!
No intermidate ruling on AC21 yet
JBM
There is no intermidate ruling on AC21 yet,evryone is waiting for it.If you have a link to support your statement pls provide.
If anyone think INS is taking Labor/140 salary seriously pls provide an example or link.
Thanks
Petestone
JBM
There is no intermidate ruling on AC21 yet,evryone is waiting for it.If you have a link to support your statement pls provide.
If anyone think INS is taking Labor/140 salary seriously pls provide an example or link.
Thanks
Petestone
Re: No intermidate ruling on AC21 yet
hi petestone,
I take it back the word intermidate ruling, but I think I remeber i read some website, saying in some AILA conference, ins people intertpreted similar thing, but again i might be wrong, becuase source is private website like this and could not be realiable in place of lawyer, i am soryy if i misdirect you.
here is some reference i found, which not necasary support my saying earlier, but give you some idea.
http://www.murthy.com/UDac21qa.html#8
Question 8 : If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
http://www.immigration.com/faq/greenvisa.html#465
What does "Same or Similar Occupational Classification" mean. Would salary be a big consideration in this definition?
A151 This is a tough matter to quantify. INS has stated that to determine whether an occupation is same or similar to the one in the green card application, they will use the Dictionary of Occupational Titles or O*NET or Similar Publications. All these sources tend to be rather vague in defining jobs, especially so in the computer industry. The DOT is so outdated that it contains no definitions for many IT jobs such as System Administrator. Under the circumstances, the safest bet is to change jobs whose title and description almost exactly matches the green card job. Please do not make guesses about this. Get a COMPETENT lawyer involved. Regarding salary, we have no clear guidelines. INS has stated that the salary amount is being required to make sure that the applicants can support themselves. I am not sure it is that simple an issue. My advice, stick to salary figures as close as possible to old salary.
thanks,
JB
hi petestone,
I take it back the word intermidate ruling, but I think I remeber i read some website, saying in some AILA conference, ins people intertpreted similar thing, but again i might be wrong, becuase source is private website like this and could not be realiable in place of lawyer, i am soryy if i misdirect you.
here is some reference i found, which not necasary support my saying earlier, but give you some idea.
http://www.murthy.com/UDac21qa.html#8
Question 8 : If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
http://www.immigration.com/faq/greenvisa.html#465
What does "Same or Similar Occupational Classification" mean. Would salary be a big consideration in this definition?
A151 This is a tough matter to quantify. INS has stated that to determine whether an occupation is same or similar to the one in the green card application, they will use the Dictionary of Occupational Titles or O*NET or Similar Publications. All these sources tend to be rather vague in defining jobs, especially so in the computer industry. The DOT is so outdated that it contains no definitions for many IT jobs such as System Administrator. Under the circumstances, the safest bet is to change jobs whose title and description almost exactly matches the green card job. Please do not make guesses about this. Get a COMPETENT lawyer involved. Regarding salary, we have no clear guidelines. INS has stated that the salary amount is being required to make sure that the applicants can support themselves. I am not sure it is that simple an issue. My advice, stick to salary figures as close as possible to old salary.
thanks,
JB
Originally posted by petestone
JBM
There is no intermidate ruling on AC21 yet,evryone is waiting for it.If you have a link to support your statement pls provide.
If anyone think INS is taking Labor/140 salary seriously pls provide an example or link.
Thanks
Petestone
http://www.murthy.com/uktelsep.html
http://www.murthy.com/uktelsep.html
ISD Teleconference : September 19, 2002
The INS Immigration Services Division (ISD) teleconference with AILA on September 19, 2002 brought to light some important advisements regarding concurrent I-140/I-485 filings, as well as a new, and rather unusual, interpretation of AC21. The MurthyBulletin and MurthyDotCom regularly report highlights of these teleconferences, updating our readers on matters of INS policy and procedure.
AC21 : Ability of Substituted Employer to Pay Wages
AILA members advised ISD that at least one INS Service Center is making inquiries regarding the ability of the new employer to pay the wage stated on the labor certification in cases where the foreign national is attempting to gain approval of an Application for Adjustment of Status (I-485) based upon the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows for the approval of I-485s based upon employment other than that stated on the underlying labor certification, if the I-485 has been filed and remains unadjudicated for at least 180 days. In order to qualify, the position must be the same as, or similar to, the position described in the application for labor certification. AILA argued that inquiries about the new employer’s ability to pay are improper and irrelevant to the AC21 considerations.
ISD responded that the Office of Programs at INS had advised that the new employer must pay the wage on the Labor Certification. Therefore, the new employer’s ability to pay would be a relevant issue.
http://www.murthy.com/uktelsep.html
ISD Teleconference : September 19, 2002
The INS Immigration Services Division (ISD) teleconference with AILA on September 19, 2002 brought to light some important advisements regarding concurrent I-140/I-485 filings, as well as a new, and rather unusual, interpretation of AC21. The MurthyBulletin and MurthyDotCom regularly report highlights of these teleconferences, updating our readers on matters of INS policy and procedure.
AC21 : Ability of Substituted Employer to Pay Wages
AILA members advised ISD that at least one INS Service Center is making inquiries regarding the ability of the new employer to pay the wage stated on the labor certification in cases where the foreign national is attempting to gain approval of an Application for Adjustment of Status (I-485) based upon the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows for the approval of I-485s based upon employment other than that stated on the underlying labor certification, if the I-485 has been filed and remains unadjudicated for at least 180 days. In order to qualify, the position must be the same as, or similar to, the position described in the application for labor certification. AILA argued that inquiries about the new employer’s ability to pay are improper and irrelevant to the AC21 considerations.
ISD responded that the Office of Programs at INS had advised that the new employer must pay the wage on the Labor Certification. Therefore, the new employer’s ability to pay would be a relevant issue.