Extremely Important - Please advise ASAP

[woreq123]

I got cut from my client site but my sponsoring employer did not cut me and wants to put me on a short term project way far away from where I live (another city). Incidentally I found a opening in a permanent position here itself but the pay is very less (less than what my sponsoring company had promised on LC). My employer pays me decent and above what he promised on LC. I have done 4 months since GC with my sponsoring company.

My questions are:

1) Should I wait another 2 months before making a shift ?
2) If my future pay is less than current pay and even less than what was promised on LC by my sponsor (although I won't work for him anymore) then will there be a problem in future when I apply for citizenship etc. ?

Thanks. Please advise.

 

[junior_member]

Look at this

What I heard about AC21 is one set of lawyers define, it does not matter whether you work for same employer or not and if your application is not adjudicated in 180 days, you will get the pending status. Another set of lawyers define it the other way, to stick with the same company for 180 days.

About the pay some people say that it should be in some range, i dont know what range it should be in, but if you look at Sheela Murthy's answer it does not matter on what pay you work on.

If I were you, I would contact a lawyer and make sure what to do.


This is what I found from Sheela Murthy's website.

Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

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."