Hi AC-21 experts,
I joined the gc sponsor immediately after 140 approval. I am on their payroll for past 10 mos. and getting 5% less than projected salary in labor.
I filed 140 and 485 concurrently on Mar-2003 as a future employer.
Recently i replied to their RFE which had asked to do medicals and submit EVL. My employer was co-operative enuff to state the same salary mentioned in labor to USCIS although i am getting a lower one.
Now with EB3 retrogression in near future and no sings of approval, can i invoke AC-21 to change my employer. First of all, do i need to invoke AC-21. Since i already got an RFE for evl from USCIS, is there any possibility to get another RFE for employment in near future.I guess only way is , if my case gets Xferred to local office for an interview.
Another development happened in my case is, that i lost 2 mos pay in 2004 due to delay from USCIS regarding EAD renewal. I filed EAD renewal 85 days prior to the expiry of first one. The RFE for EAD renewal was raised on 90th day of receipt date, debarring me to get the interim EAD, which left me jobless for 70 days so w/t pay stubs. So my 2004 W2 will reflect 25% less salary then stated in labor application. Is this cause OK to respond future employement related RFE for less salary ?
Any response is appreciated.
My signature has more details.
------------------------------------------------
Category : EB3
PD : July-02
485/140 RD : Mar-28-03
140 AD : Jan-04
FP2 : Sep-17-04
Latest RFE : Submit EVL and medicals,responed on Oct-14-04
Next ->
Approval/RFE/NOID/Case Transfer.
I joined the gc sponsor immediately after 140 approval. I am on their payroll for past 10 mos. and getting 5% less than projected salary in labor.
I filed 140 and 485 concurrently on Mar-2003 as a future employer.
Recently i replied to their RFE which had asked to do medicals and submit EVL. My employer was co-operative enuff to state the same salary mentioned in labor to USCIS although i am getting a lower one.
Now with EB3 retrogression in near future and no sings of approval, can i invoke AC-21 to change my employer. First of all, do i need to invoke AC-21. Since i already got an RFE for evl from USCIS, is there any possibility to get another RFE for employment in near future.I guess only way is , if my case gets Xferred to local office for an interview.
Another development happened in my case is, that i lost 2 mos pay in 2004 due to delay from USCIS regarding EAD renewal. I filed EAD renewal 85 days prior to the expiry of first one. The RFE for EAD renewal was raised on 90th day of receipt date, debarring me to get the interim EAD, which left me jobless for 70 days so w/t pay stubs. So my 2004 W2 will reflect 25% less salary then stated in labor application. Is this cause OK to respond future employement related RFE for less salary ?
Any response is appreciated.
My signature has more details.
------------------------------------------------
Category : EB3
PD : July-02
485/140 RD : Mar-28-03
140 AD : Jan-04
FP2 : Sep-17-04
Latest RFE : Submit EVL and medicals,responed on Oct-14-04
Next ->
Approval/RFE/NOID/Case Transfer.
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