Joined GC sponsor employer after 140 approval, AC-21 ?

J

jish

Registered Users (C)
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.
 
unitednations,
Thanks for the first response.
One of my co-worker from a different consulting company had same problem with EAD renewal.He got stuck close to 3 mos, but his employer generated pay stubs during the EAD renewal period (after the 1st EAD expired).
His lawyer argument was to stay employed even the EAD has expired, since he had the EAD receipt.
Also he advised his client that if he remains unemployed for 90 days, uscis may question against the preferred wage in labor.
Also thru W2 how can they make out if that person has worked during EAD expired period. Its only if RFE is generated for 6mos or more,even then one may not wish to send uscis the pay stubs for the ead renewal period.
I mean just a thought, after looking at him i initially thought how stupid i was to forego 70 days of pay.
I don't profess such idea, but saw ppl doing it.
 
unitednations,
One more doubt to be clarified for AC-21.Nothing is clear in black and white for AC-21. Its all grey.
1) When USCIS states that a person should work for 485 employer after 485 approval. Does USCIS counts that the same person worked for say (3 years) during the green card process and is freed immediately after 485 approval or 180 days after filing of 485 and 140 approved.Or the prior business given by GC applicant to sponsored employer before 485 approval doesn't counts at all.
Very few who get their 485 thru one single employer right from LC filing till 485 approval, stick on to the sponsoror, they quit. Is it a clean eyewash to the USCIS ?

2) Also in my case, i was not working for my GC sponsored employer during LC process or duing filing of 140/485 concurrently. I joined after 140 got approved.
So will i be fully eligible for AC-21.
Am i really obliged to re-join my gc sponsoror after 485 is approved, since i already worked for him.
There some kind of clarification needed from USCIS. Why do they generate RFE for "ability to pay" issues (paystubs/W2), when the wages mentioned in the alien labor certification comes into effect only when the applicant joins the sponsoror after 485 approval.
So if a person gets 1/2 of the projected LC salary , USCIS has no right to deny the 485 petition. According to their guidelines, GC is strictly meant for future employment only.

Lawyers like murthy or Bretz or siskind and susser play very safe. When asked these sorts of questions they give a very diplomatic answer. Not at all confident abt their abilities. Guess what, like docs, their malpractice insurance should be raised 10 times for not providing right info to their clients at rt time.
ONLY GOOD FOR FILING PAPERS AND ATTEND AILA MEETINGS. Thats all. Any complications, they raise their hands on air...........
I guess ppl in computer proffesion tend to take more risks and are more confident in their abilities then lawyers.Peice of shit they are....


Any clarifications from experts like you is appreciated..... :confused:
 
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Yes, esssentially all lawyers be it criminal,civil or immigration , take very defensive attitude.Always win-win situation for them.
In 2 instances in past one year i came accross 2 types of immigration attorney. One specializes on EB the other solely on asylum and deportation cases arising out of arrest,CIMT or felony issues.
The first one(EB based) was too defensive in giving a clear cut answer on AC-21, was only stressing to have six months of pay stubs from the gc sponsoror anytime during the 485 process or after.Wasn't clear.

The second (a very renowned NYC guy only fighting deportation cases), i had to contact for my cousin's CIMT issue. Although the answer was crystal clear to me looking at all angles , i wanted some affirmation from him for a peace of mind, couldn't get one.I had to do all the homework, 10 trips to court's clerk office, all paperwork so that he could be admitted at POE after seondary inspection. Finally we succeded, sad part was to spend $300 bucks for him over the phone for giving us more dilemma. :confused:
Guess its a state of matter we have to deal with lawyers.
 
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