changing jobs-help!!!

O

OhioWaiter^

Registered Users (C)
I was offered a job in a government state agency and they said that my work status is not a problem (been in 485 stage for almost a year).

Question is, shall I inform my lawyer? My 485 is being sponsored by my current employer and I am not sure if I should retain my lawyer now or go for a new one.

Is it a good idea to inform INS change of jobs? Is it mandatory?

Thanks!
 
Q: Inform lawyer?

Well first you gotta decide whether you want to make the switch or not. If you are comfortable with old lawyer why not speak to him/her first and see if they want to keep representing you. Generally lawyers get some part of the entire fee for GC processing after approval. Maybe you can pay that and existing lawyer would be happy! But keep a back up lawyer.

Q Inform INS?

I did and got approved. (NO RFE nothing). Maybe I am got lucky.

Fellow

PS: No legal advise make your own judgements!
 
Q: Inform lawyer?

Well first you gotta decide whether you want to make the switch or not. If you are comfortable with old lawyer why not speak to him/her first and see if they want to keep representing you. Generally lawyers get some part of the entire fee for GC processing after approval. Maybe you can pay that and existing lawyer would be happy! But keep a back up lawyer.

Q Inform INS?

I did and got approved. (NO RFE nothing). Maybe I am got lucky.

Fellow

PS: No legal advise make your own judgements!
 
salary

I have informed my lawyer and decided to retain their services. Problem is, she told me that my salary with this new employer should be the same to that of what was specified in the LABOR CERTIFICATE. The salary specified in the LABOR CERT. is quite high and even my present employer is not giving me that kind of salary. We even got a 15% across the board paycut early this year.

When had your job change, did you include your salary? Is it the same as the salary specified in your LABOR CERT?

Thanks!
 
If you read AC21 law it clearly says new employer letter should contain job tittle/description/salary

I did include salary in the letter which was more that that specified in my LC

Since AC21 does not place restriction on job salary. Same job could have different salaries depending upon place of employment. My personal feeling is that you would need to be paid the prevailing wage for that job in that location. So technically you could have less salary than in LC.

If you cannot meet all the requirements and you have made the switch, I would personally wait for an RFE and not inform INS voluntarily.

Fellow
 
When I read the AC21 memo regarding changing of jobs, it only has 2 reqts:

1. 485 > 180 days
2. new job is in the same or similar occupational class. as the job for which the cert or aproval was initially made.

Clearly, there is no mention of the salary. However, my lawyer told me that when an RFE for employment is received, the letter should state that the new employer should state that they will pay the salary stated on the LABOR CERT. Lower salary is accepted now as long they agree to pay that salary after the GC is approved. This is quite conflicting. :confused:

Murthy stated that "The only restricitions are that the pay must be sufficient to demonstrate that the person will be self supporting and not become a public charge"

Additional question for you guys, if a salary is specified, should that contain both base salary and benefits?
 
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