Re: Re: Ginnu and waytoolong...
Originally posted by Participant
#Q1 (Here the question may be whether original employer still offers/or able to offer the employement as per 140 terms,
and if this is not the case or co. is defunct, not aware what happens.)
*AC21 can be used when conditions are met. like I140 approval and 180 days of I48 filed.
N/A - AC21 is a "portability" provision, if you satisfy the conditions above, the original LC and I-140 are considered portable to the new employer. Your question is applicable for employment with the sponsoring employer
Originally posted by Participant
#Q2 Here I 485 is adjustment of status:Here the 'status' means
'Similar job status' only or also 'Simialr job and slalary status ' or 'Similar Job,salary and presence in a 'Status' in US' aslo.Here the definition of 'status ' 'adjustment' terms does affect.
If some body could please give a reference,if available in official sites can make things clear, otherwise interpretetion by CIS will simply rule(and which is vielded).
AOS = from non-immigrant to immigrant status, just ask your lawyer.
Originally posted by Participant
#Q3 Also,I have known instances where GC is filed for Job 'A'
for applicants who are working in job 'B'(related but not exactly similar-same and is of lower salary than LC).
These cases out come is still in 'waiting' for adjudication .
Here the candidates have both the qalifiactions and experience
for perfoming both Job 'A' and 'B' also.
The expalnations broughtout were ,GC is for future job and the candidate will be awareded the job and salary at after 'I485' adjudication.(an officail letter accompanied with I140).
This seems to be gray area and any body who is successful in this back ground may please post thier experience and approvals--Which will shed much light on AC21/Similar Job/Salary/Future job relation ship.
That example for "sponsorship for future job" has nothing to do with AC21. AC21 is applicable for situations where the applicant was working, but currently is not working and will probably not work for the sponsor upon GC approval, i.e. the LC and I-140 are "portable".
Originally posted by Participant
#Q4.AC21 may also come in to picture when an employer is out of business(Ex.After their 140 is approved and employee has more than 180 days of 485 filing).Then 485 is further processed or abondoned by CIS.If there is a provision for continuing of 485 adujudication and after approval of GC,still the employee is expected to work for the old co?If that is so,what is the intention AC140.?If there is not a mandate to work for employer who filed
GC,and can work for any employer with immedate approval of GC,
then 'salary' question will not come in to scene as new employer may not offer the same (but of course job to be same)and bound, for example.
If the second is true,then in genaral case at AC21 stage in genral,the salary must not be a serious question even if it is slightly less?
Once AC21 is used, the LC and I-140 are portable and the original sponsoring company is welcome to go bankrupt (or to hell for that matter) without any effect on the applicant.
The salary issue is different and unclear, generally for approval under AC21, there are 2 conditions that need to be satisfied
1. The applicant should not become a public charge, i.e. applicant should be currently employed with salary > poverty levels
2. the current (assumed to be GC job) should pay prevailing wages (within +/- std deviation in the state of current employment.
My stand is that as long as the applicant earns within the whole range of salaries for the job in the state in question, it should be okay