how important is the salary when EB-485 is pending ?

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pt

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A friend of mine was laid off from his job as a consultant, he has his EAD card and he applied for a job with one of the counties in the US ( a government job) and has been selected. He is being offered $50,000/year and other county benefits but his salary in the labor filing was $65,000.
1. Will there be a complication in his EB-485 adjudication if there is an RFE or an interview ?
2. Will the immigration authorities consider that the "county benefits" add up to the wages as well ?
3. Will working for the government make his case any stronger ?

Please advise.
 
I have seen lot of approved cases in this forum whose salaries are less than the specified ones.

To Answer your questions

1) No Complications.
2) Benefits will never add to the base salary in the w2 form.
3) No. Just like any other job.
 
Hi manumahi,
If a person is laid off after 6 months of 485, will any company still continue processing his 485 ?
Or does it vary from company to company?

thanks


Originally posted by manumahi
I have seen lot of approved cases in this forum whose salaries are less than the specified ones.

To Answer your questions

1) No Complications.
2) Benefits will never add to the base salary in the w2 form.
3) No. Just like any other job.
Click to expand...
 
vascan,
It will not vary. Still you can change companies. Only restriction is Job description should match with one filed with lc.

Best of luck
 
manumahi,
I know one can use AC21 and job desc should match.That is our option to switch.
My question was different-would the previous company cancel 485 after laying off or do they continue processing even if they lay off? what is the trend? would that differ from company(desi) to company(american) ?
Thanks.

Originally posted by manumahi
vascan,
It will not vary. Still you can change companies. Only restriction is Job description should match with one filed with lc.

Best of luck
Click to expand...
 
Last edited by a moderator:
vascan,
That is very difficult to answer. It depends on company. I would say most of the companies won't cancel gc process.
 
Will Continue

Originally posted by vascan
Hi manumahi,
If a person is laid off after 6 months of 485, will any company still continue processing his 485 ?
Or does it vary from company to company?

thanks
Click to expand...

I485 is applied on your behalf. So the companies can't stop GC processing.
The can invoke the underlying I140, but as per recent changes in USIS regulations, after certain period of time[said to be 6 months, but clear clarification on from when/etc], even request for I140 revocation can't be considered.

At the same time, you need a valid[same desc etc] job offer in case of a RFE.
 
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