weigoodone1
Registered Users (C)
need help. I just got the following email from my lawyer. Should I do what he says. Thank you! Sorry for the long list of points.
1. Your Labor Certification Petition was filed for a job located in
Chicago, IL.
2. The LCP was filed through the IL State Workforce Agency and
certified by the Regional DOL office in Chicago.
3. Doing the same job at a rate of pay above the certified salary level of $XXX annually, in Ann Arbor, Michigan, could be a series problem in obtaining a favorable CIS response to your I-485 application.
4. If you are going to be at the job location in Ann Arbor, MI for only a temporary assignment and then returning to the Chicago, IL location before your I-485 application is adjudicated, you should be OK----the "key" point here is that the CIS needs to be comfortable with the fact that ongoing/long-term employment is available in Chicago as was described in the LCP process----remember that the Employment Based Green Card process is
"grounded" on the concept that ongoing permanent employment is available in a job where a U.S. citizen was not found----your LCP indicated that this "ongoing" job was located in Chicago, IL, not Ann Arbor, MI.
5. Further, it is my understanding that you currently have H1B status that is valid until 4-15-2005. If this is correct, it is highly recommended that an amended H1B petition be filed with the CIS if your "temporary" assignment in Ann Arbor, MI is going to be longer than 30 days. In addition to satisfying H1B regulations, this amended H1B filing will add further documentation for the CIS to consider when they are reviewing your I-485
application and the issue of "ongoing/long-term" employment in Chicago (see notes referenced above in point #4).
1. Your Labor Certification Petition was filed for a job located in
Chicago, IL.
2. The LCP was filed through the IL State Workforce Agency and
certified by the Regional DOL office in Chicago.
3. Doing the same job at a rate of pay above the certified salary level of $XXX annually, in Ann Arbor, Michigan, could be a series problem in obtaining a favorable CIS response to your I-485 application.
4. If you are going to be at the job location in Ann Arbor, MI for only a temporary assignment and then returning to the Chicago, IL location before your I-485 application is adjudicated, you should be OK----the "key" point here is that the CIS needs to be comfortable with the fact that ongoing/long-term employment is available in Chicago as was described in the LCP process----remember that the Employment Based Green Card process is
"grounded" on the concept that ongoing permanent employment is available in a job where a U.S. citizen was not found----your LCP indicated that this "ongoing" job was located in Chicago, IL, not Ann Arbor, MI.
5. Further, it is my understanding that you currently have H1B status that is valid until 4-15-2005. If this is correct, it is highly recommended that an amended H1B petition be filed with the CIS if your "temporary" assignment in Ann Arbor, MI is going to be longer than 30 days. In addition to satisfying H1B regulations, this amended H1B filing will add further documentation for the CIS to consider when they are reviewing your I-485
application and the issue of "ongoing/long-term" employment in Chicago (see notes referenced above in point #4).