Interesting Scenario - Input Appreciated

H

Hanuman

Registered Users (C)
Hi friends this is Hanuman, I spoke with my Mother, Father Brothers and Sister In Ahmedabad by the blessing of God they all are fine however our house has lots of crack and it is heavyly damaged...but who cares when family is alright.

Any way I have come across an Interesting situation as you all know my company is acquired by other on Jan 11 01, INS issued RFE dated Jan12 for EMPL ltr on Jan 17. This acqusition IS NOT SUCCESSOR IN INTEREST BUT THE COMPANY ACQUIRED ONLY ASSETS.

Now if I submit EMPL ltr from NEW company this will definately trigger I-140 REDO. New company is reducing my salary by 6K and said they will give me letter only for the amount mentioned in offer letter.

My all previous letters to INS are for salary 6K more than current.

My questions are

Will INS reject my case because of 6K lower salary ?

WHAT If I use the new law of 180 days ( I already completed 493 days after filing 485) and change the job with 20K more salary and give reply to RFE from new company ?

I think and I MAY BE WRONG but if I CHANGE THE JOB AS PER NEW LAW AC-21 I AM NOT SUPPOSE TO FILE I-140 AMENDMENT.....??????????????

WHAT WOULD YOU DO IF YOU ARE ME ????????

Thanks for your wishful thinking and response
Hanuman
 
No Title

I am not sure about the 6k issue, since there may be a problem since your labour would have cleared with that 6k, which forms the basis of GC.

If the 6k is not an issue(check with an experienced lawyer) then I will get along with the same company with a new I140(if needed).
 
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Thanks ranjan, but labor is still good with 6K less for my title and catagory as per then prevailing Job Market. But what about I-140 with new company? the new law dose not say to file for new or ammended I 140 in the job change situation??( As per my interpretation of AC-21)

If it is for to be on the safer side than do you think I have to go for labor again from new company to file I 140 from new company?
 
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Hanuman, I got RFE for employement letter and INS wanted salary to be mentioned on it. I am getting more than what is mentioned on labor cert. But for INS, what matters is, company should be willing to pay atleast what is mentioned on labor certification after GC. GC is for a future job. So, my company sent a letter stating, so and so has been working with us since this date and his job position mentioned on labor cert is still open for him and his minimum remuneration will be so and so (same as labor cert). So, If I were you, I would just stay with the company, get an emp letter stating you are already working for them since such and such date and the job position mentioned on labor certification application is still open for you and company is interested in continuing your employement and their salary offer (so and so dollars) made on labor certification is still valid.
 
No Title

KiranHegde2, thanks My Rfe also says "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment."

but look at this......

Labor says that for my title the salary should be $70,058.00 my original company who filed my peteion said we will pay Mr.Hanuman $80,000.00 for this job. Now this new acquirer company says we will pay you $74,000 and give you letter for $74,000

My letter for support at the time of filing says Mr.Hanuman is working with us pursuant to H1B since 97.....He is working as ..... His salary is $80,000.00/ per year.... ( All these numbers are hypothetical #s)

So what do you think am I still okay since labor requires min $70,000 for my job and I am making $74,000
Or INS will say you are suppose to make $80,000 as per your previous letter and now you are making less so ........GO TO HELL?????????

Please reply.
 
No Title

You can mention on the letter saying your company will "atleast" pay whatever amount mentioned on labor and you might make more based on certain circumstances. If you read your RFE carefully, it should say that they want to make sure you will not become a public charge after getting GC. So, keep in mind what they are looking for. They do not want a permanent resident without a job or money. They governament will have to take care of that kind of people. So, all they want is an assurance that you will continue to have a job after GC. Just submit a letter saying Mr. Hanuman has been working with us since this date and after the green card, we have continued interest in keeping him as an employee and his remuneration will be atleast $xxxx (mention amount same as specified on labor cert), however he might be rewarded little more than this amount based on company circumstances. Don\'t worry about what you said on the letter of support. Yes, at that time you gave the support, you were making that much. But what is important is, the job position for which the GC was applied should be still available for you NOW and your employer should be still willing to pay ATLEAST what he promised on the labor application. Don\'t worry. I think you are unnecessarily worrying. I have been in similar "un-necessarily worrying" situations by thinking of all the bad things that could happen to me. Don\'t worry. Pray to God and tell him that you have tried your best and leave the rest to him. He will take care of you.
 
No Title

Hello,
Firstly, I am really saddenned by the state of your fellow state citizens. I shall sincerely pray for their well being and I urge people to donate to the relief agencies. I am glad by the fact that your family is all well and safe.

Secondly, if your company has a new taxid other than the taxid of the company that filed your labor then you may have to redo I140 as you mentioned it is not successor in interest. I would recommend that you don\'t do anything yet because of S.2045 changes. Since you are not far from approval (an they didn\'t stop I140 redo/amendments), you may want to hang on until they ask you to. Make sure yor lawyers expalin that the original company got acquired for its assets and it\'s eesentially the same employer you are employer with. This detailed explanation (along with copies of any SEC filings your company may have filed) should stop INS from triggering a I140 redo and because of the S.2045 changes, this may not be an issue.

I am pretty much in your situation (actually Joint Venture and it\'s not successor in interest) and I am hanging tight and not doing anything until INS asks me to. I am in the process of applying AP and EAD renewal. I am filing employment letter from the new company name for this. I will wait until INS asks for a redo.

Btw, your salary doesn\'t matter at this stage and just 6K would not cause a problem for I140 redo as well. Wages and compensation levels are adjusted to market conditions and are periodically (I think quarterly) adjsuted by DOL. Given the economic conditions, don\'t even worry about it.

my details: EB3, India, PD01/97, ND 02/00, No FP.

Hope this helps
Bhanu
 
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Thanks Bhanu, I think I should also wait for INS to send me another RFE for REDO and submit the proof of Acquition from new company. Also I think my attorney should mention S2045/ AC-21 in the covering letter while replying RFE. May be INS accept the facts and just approve the case ( I\'ve become very Optimistic by now)

Also thanks for your well wishes for fellow Indians.
Hanuman
 
No Title

KiranHegde2 thanks for your detailed response it is really very informative and help me in deciding. However I will post my thinking by tomorow after digesting all this info and consulting my family.

Thanks again
 
HIGH WAGES

Wage Increased Substantially
My current salary is at least 25% higher than that is shown inLC and in the petition for I-140 (EB2/TSC) .

I am awaiting my I-140 Approval and planning to do CP in Montreal.

Does any of you guys know, if it could be a problem during CP / Packet 3 ?.

Would it be required to show/submit the Pay-stubbs anytime during the process ?.

I know my employer has shown the prevailing wages for both LC and I-140 petitions. LC got through succesfully (with one RFE requesting to show a little bit of more wages and re-posting because the prevailing wages had increased between the time of submission and approval.).

Does any one of you know if there is a problem for EB2 I-140, just because the petition shows only the prevailing wages.


Your openions are very much counted on guys !, as we all are/were in the same boat.
 
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