Change of employment & salary

G

GC_Ki_Talashi

Registered Users (C)
Hi Immigration Gurus,

I have a couple of questions for you all and your responses will be grately appreciated. Here is my situation.

I started my GC processing through Company A. I got my labor approved and applied for I-140 in May 2001. This was a very good (though small in size) American Consulting company. My project ended around the same time and I was forced to look for another job and was indeed lucky enough to be able to find one at Company B. When I applied for Labor my salary was $X K. But later it went up by 20%. My newly found job at Company B had the same higher salary also. My 140 was approved in Nov 2001 and although I left them in Jun 2001, Company A supported my GC application and filed for 485 in Jan 2002 (RD 1/8/2002. WAC-0207-XXXXXX). My attorney asked me to come back to Company A if possible. But since the market was very bad and finding a contract job became harder, I couldn't do that. At the same time, my job at Company B is not only secure but also paying me well. Looks like my D-Day is fast approaching (I know, it's wishful thinking :)) and I spoke to Company B about my situation and they agreed to let me work for a few days as a contractor through Company A, in case I get an RFE for EVL. This way I can go back to Company A's payroll. BCIS is well aware of the fact that I have been working for Company B and have a 485 application pending through Company A. I sent them my H1 details for Company B, while filing for 485 through Company A and also my A# details whille filing for my 7th year H1-B extension with Company B. If I get RFE for EVL and W-2, going back to Company A is not a problem at all and I can do that right away. Now here are my questions.

1) My W-2s for the past 2 yrs show my salary as 20%+ more than the salary that was stated in 485 application. Will this be an issue?

2) When I do get back to Company A's payroll, should I go back to the salary stated in 485 application, or is it OK to get paid 20% + more than that amount?

3) Either way, by looking at my W-2s BCIS will be aware of what I have been making for the past 2 yrs. What kind of questions might they ask or is there a chance of my application getting rejected?

Your responses will not only be valued very much but also appreciated gratefully.

Regards,
GC_Ki_Talashi
RD 1/8/2002
WAC-02-07-9XXXXX
 
1. No problem, you can always make higher salary.
2. No problem, refer 1. above
3. No questions, refer 1. above.

Having answered your basic questions here is some more advise:
You DO NOT need to go back to company A. Since you 140 was approved in Nov 2001, you have been waiting over 180 days in the 485 stage in which case you are eligible under AC21 to switch jobs.

1. INS cannot penalize you unless they catch you before your 180 days in 485 are up.
2. INS cannot penalize you PERIOD, because GC is for future employment and NOT current. Though you need to be gainfully employed, you do not have to be working with your sponsoring company. It looks like you have good relations with both Company A and Company B, so in case your lawyer does not want to go with the AC21 route (which in my opinion is the best for you situation), you can always go under the prospective employment route and produce an EVL from Company A which states that they will hire you at or above LC salary upon receipt of AOS approval.

Good luck!
 
Hi 140_takes_4ever,

Thanks a lot for your response. That's a very useful piece of info for me.

You said:
>>>>>>>>>>>>>>>>>>>>>>>>
You DO NOT need to go back to company A. Since you 140 was approved in Nov 2001, you have been waiting over 180 days in the 485 stage in which case you are eligible under AC21 to switch jobs.
>>>>>>>>>>>>>>>>>>>>>>>>

My question:
I joined Company B in Jun 2001 and my 140 for Company A was approved 5 months later in in Nov 2001. Also as per my job profile, in Company A I was working on a lot of different areas like SQL, Oracle, Java, JSP etc., and that's what was stated in my job description. Where as in Company B, I am working solely as a production DBA, which is just a part of what was stated in the job description. Is that going to be a problem?

Thanks a lot once again. This forum is really a boon to the GC waiting community.

Regards,
GC_Ki_Talashi
RD 1/8/2002
WAC-02-07-9XXXXX
 
GC_Ki_Talashi,

The job description is one thing you have to maintain when going under AC21. Your job descriptions HAVE to match to some extant.

But remember, what you are doing and what you are supposed to be doing are two different things. ;)

The only way INS finds out is via the EVL. ;) Now it is up to you and your HR/manager as to defining what your exact job profile is!

------------------------------------------------------------

And while I have your attention, allow me point out a couple of things you can do to speed up your 485 process.

http://boards.immigration.com/anthesys/TrackerPetition/signatoryForm.php?petId=4
http://boards.immigration.com/showthread.php?s=&threadid=107834

Join the fax campaigns we run, and have your voice heard by people who count!
 
Hi 140_takes_4ever,

Thanks for your responses, again. I appreciate it very much. I have signed the petition and hope all other visitors/members of this forum do the same too. I am surprised at such a low rate of participation (in signing the petition), esepcially with the kind of popularity this forum enjoys.

Guys,
If you haven't signed the petition yet, please do so. Remember, we will only be benefitting by doing so.

Regards,
GC_Ki_Talashi
RD 1/8/2002
WAC-02-07-9XXXXX
 
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