Changing Employer..Salary increase and using H1

A

aug

Registered Users (C)
Hi,

Please help me on the following:

My case is labor based EB3,I-140 approved,I485 filed in April 2003 after I-140 approval( I485 receipt date is April 10).

Now
1. can I change the employer based on AC-21?

2. If yes, Do I need to maintain the same title and Salary?

3. What will happen if the salary increase is more(around 25000 to 30000) than the LC saalry. This is because, my employer had filed my labor with low salary around 40K.

3. Is the counting of No of Days includes non-business days?

4. My H1B is still valid upto aug 2004. is it safe to use H1B to join the new company?

5. Is there any risk to my green card procesing if I change the employer in the above circumstances?

Please help me ...

thanks in advance..

aug
 
Answers to your question-but confirm it with an attorney before you use them

AUG,

1. can I change the employer based on AC-21?
>> Yes you can change employer based on AC21 memo, as long as you have passed the 180 day mark.

2. If yes, Do I need to maintain the same title and Salary?
>> Yes and No - It becomes easier(if the title remains the same) for an attorney to justify your case, if an RFE comes up for justification.

3. What will happen if the salary increase is more(around 25000 to 30000) than the LC saalry. This is because, my employer had filed my labor with low salary around 40K.
>> Although there is no definete regulation on AC21 yet - its preferrable not to have too much of a difference in salary - but still there are quite a few applicants who had huge difference still got their 485s approved.

3. Is the counting of No of Days includes non-business days?
>> Counting of 180 days is based on calender days and not business days.

4. My H1B is still valid upto aug 2004. is it safe to use H1B to join the new company?
>> Its always safe to have an H1 as a buffer - but you are still good without it.

5. Is there any risk to my green card procesing if I change the employer in the above circumstances?
>> Not that anything I can see of.

However these opinions are mine and I suggest you sit with an attorney and get valid legal advise before you take a decision.

-MrCoolz
 
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