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less salary will cause any problem?
- Thread starter garyleee
- Start date
Disagree & also confuse
I am not sure what to belive, best to work with your lawyer and instinct
http://www.murthy.com/uktelsep.html
ISD Teleconference : September 19, 2002
The INS Immigration Services Division (ISD) teleconference with AILA on September 19, 2002 brought to light some important advisements regarding concurrent I-140/I-485 filings, as well as a new, and rather unusual, interpretation of AC21. The MurthyBulletin and MurthyDotCom regularly report highlights of these teleconferences, updating our readers on matters of INS policy and procedure.
AC21 : Ability of Substituted Employer to Pay Wages
AILA members advised ISD that at least one INS Service Center is making inquiries regarding the ability of the new employer to pay the wage stated on the labor certification in cases where the foreign national is attempting to gain approval of an Application for Adjustment of Status (I-485) based upon the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows for the approval of I-485s based upon employment other than that stated on the underlying labor certification, if the I-485 has been filed and remains unadjudicated for at least 180 days. In order to qualify, the position must be the same as, or similar to, the position described in the application for labor certification. AILA argued that inquiries about the new employer’s ability to pay are improper and irrelevant to the AC21 considerations.
ISD responded that the Office of Programs at INS had advised that the new employer must pay the wage on the Labor Certification. Therefore, the new employer’s ability to pay would be a relevant issue.
I am not sure what to belive, best to work with your lawyer and instinct
http://www.murthy.com/uktelsep.html
ISD Teleconference : September 19, 2002
The INS Immigration Services Division (ISD) teleconference with AILA on September 19, 2002 brought to light some important advisements regarding concurrent I-140/I-485 filings, as well as a new, and rather unusual, interpretation of AC21. The MurthyBulletin and MurthyDotCom regularly report highlights of these teleconferences, updating our readers on matters of INS policy and procedure.
AC21 : Ability of Substituted Employer to Pay Wages
AILA members advised ISD that at least one INS Service Center is making inquiries regarding the ability of the new employer to pay the wage stated on the labor certification in cases where the foreign national is attempting to gain approval of an Application for Adjustment of Status (I-485) based upon the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows for the approval of I-485s based upon employment other than that stated on the underlying labor certification, if the I-485 has been filed and remains unadjudicated for at least 180 days. In order to qualify, the position must be the same as, or similar to, the position described in the application for labor certification. AILA argued that inquiries about the new employer’s ability to pay are improper and irrelevant to the AC21 considerations.
ISD responded that the Office of Programs at INS had advised that the new employer must pay the wage on the Labor Certification. Therefore, the new employer’s ability to pay would be a relevant issue.
We got to have Rajeev Khanna advice on this......
If we interpret the above that INS does require the new Employer to pay Wages as per Labor Certification than the basic purpose of AC-21 is lost. If this is so,I guess there will be very few who can take advantage of it. Moreover some Employers will take undue advantage since processing times of I-485 approval has increased considerably in all Centers,since most I-485'ers will not be able to find a new job paying the wages of the GC-Labor.
Is there any difference between "Wages" and " Basic Salary "in GC- Labor Certification ? Somewhere on the forum I read that the new AC-21 requires a minimum wages to be paid and the salary is not an issue....so if we interpret "Wages" and "Basic Salary" as different than its fine otherwise a lot of AC-21 users will be in great great trouble .
If we interpret the above that INS does require the new Employer to pay Wages as per Labor Certification than the basic purpose of AC-21 is lost. If this is so,I guess there will be very few who can take advantage of it. Moreover some Employers will take undue advantage since processing times of I-485 approval has increased considerably in all Centers,since most I-485'ers will not be able to find a new job paying the wages of the GC-Labor.
Is there any difference between "Wages" and " Basic Salary "in GC- Labor Certification ? Somewhere on the forum I read that the new AC-21 requires a minimum wages to be paid and the salary is not an issue....so if we interpret "Wages" and "Basic Salary" as different than its fine otherwise a lot of AC-21 users will be in great great trouble .