EAd or H1B

V

VI485

Registered Users (C)
Hi,

I am currently on H1 and filed for GC from company A, I140 is cleared and 485 is pending more than 180 days. my questions are

1. If i get a job offer from Company B for a lesser salary than stated in my LC. is it ok? 10 to 15% less

2. My EAD and Ap expires in March 06, if i switch to company B will there be a problem extending it?

3. Can i transfer my H1B to company B from A and also carry on with the GC process or do i have to abandon one and go with the other.

I might have posted in the wrong section, sorry. Your answers are appreciated.

Thanks
VI485
 
1. If a visa number is available for you, you have to get paid the salary stated on the LC and I-140. If you are in retrogression, my understanding is that until a visa number is available, the salary can be less than the LC states.

2. EAD extension should not be a problem as you plan to use AC21. Make sure you follow the AC21 rules and submit necessary documentation to the USCIS.

3. Yes, you can transfer the H-1B without affecting the GC process. These are 2 separate, independent processes. With an H-1B transfer, a labor condition has to be approved, too, for the new position and salary.
 
bjorn said:
1. If a visa number is available for you, you have to get paid the salary stated on the LC and I-140. If you are in retrogression, my understanding is that until a visa number is available, the salary can be less than the LC states.

2. EAD extension should not be a problem as you plan to use AC21. Make sure you follow the AC21 rules and submit necessary documentation to the USCIS.

3. Yes, you can transfer the H-1B without affecting the GC process. These are 2 separate, independent processes. With an H-1B transfer, a labor condition has to be approved, too, for the new position and salary.
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Thanks for your reply Bjorn

1. Yes i am EB2, India so i am affected by retrogression. The place i live in is a small island and cost of living is very high compared to any place in the US. cant i use this to explain why i accepted a job offer with $ less than stated in my labor??

2. I am planning to Use AC 21 through a lawyer and submit all the necessary docs.

3. This means that if i transfer my H1B to company B i can still keep my GC process with company A alive? or are you saying that i need to file a new Labor with company B and have 485 from company A (altho 485 is totally personal and not company related, but it will be valid right??)

Thanks for your help.

VI485
 
Yes, if you change the employer through H-1B transfer, you need to get a new labor condition (NOT the same as a labor certification) approved by the DOL, including a new prevailing wage determination, etc. I went through this last year myself. Using AC21 has no effect on employer. Once the I-140 is approved, which is the employer specific application, the I-485 is individual specific, meaning that the application is no longer tied into a specific employer such as the I-140 and H-1B. As long as you have waited 180 days for the pending I-485, you can change employers all you want as the I-485 is your application, not the employer's. So, a new labor condition for the H-1B transfer has to be filed and approved, but NOT a new labor certification for the GC process.
 
Hello VI485/bjorn,

My understanding so far has been that if you go for AC21 than your GC process continues but now it will be via Company B and not Company A - that is why AC21 is filed in the first place - to be able to switch company and carry on with your GC process. So incase you loose a job with Company B after filing AC21 you cannot go back to Company A unless and until you file another AC21 - Please correct me if my understanding is wrong on this.

My I-140 has'nt been approved yet. (I-140, I-1485, EAD all filed concurrently under labor substitution). I have already got my EAD approved. I have couple of related Qs -

1) Can one go for H1B Transfer from Company A to Company B (as a full time employee) and continue with one's GC Process with Company A?

2) Later can I leave Company B and come back to Company A (once I find a Corp2Corp contract) on my EAD?

3) For doing all this - I do not need to go for AC21 - do I?

Please suggest.

Thanks
 
bjorn said:
1. If a visa number is available for you, you have to get paid the salary stated on the LC and I-140. If you are in retrogression, my understanding is that until a visa number is available, the salary can be less than the LC states.
Click to expand...

You need to be paid the LC wage once you become a permanent resident. Until then, you do not need to be. Wether a visa number is available or not is irrelevant.
 
Can only an attorney file G28?

Hello RealCanadian,

I want all my further GC communication(inlcuding any NOID) to be sent to my home address instead of my current attroney(he is my ex-employer's attorney).

Should I fill the G-28 form or just send a letter asking uscis to send communication to my home address?
 
saabu said:
Hello RealCanadian,

I want all my further GC communication(inlcuding any NOID) to be sent to my home address instead of my current attroney(he is my ex-employer's attorney).

Should I fill the G-28 form or just send a letter asking uscis to send communication to my home address?
Click to expand...


You should send the following
1) New G-28 for you, wife, kids...
2) A letter stating that Mr Ex attorney is no longer representing you.
3) Letter from new employer + pay stubs if you've changed employer
 
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