NOID, change location, job, less w2 etc...

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girishreknar

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#1 26th August 2004, 04:47 PM
girishreknar
Registered User Join Date: Jun 2002
Posts: 11

response to NOID, new job offer, help !!!

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Hi

I got my i140 APPROVED and RFE for i485 due to negligence of my attorney by not submitting first couple of H1B documents. SO the Notice of Intent to Deny accusing me of not maintaining status will be solved after providing those couple of h1b's

however, they have whole bunch of other docs such as W2, pay stubs, birth certificate etc. Now, I have changed my employer and location after 1 year of filing my I485 (concurrent to i140) and I went to INDIA for about 6 months after coming back was unemployed for a while so I have very little money on my W2, will that cause a problem?
My attorney says no! His concern was I should get paid to the labor approval rate, which I do. We have already responded to the RFE and waiting.

Now, I have a very good PERMANENT job offer on table
· similar job description but different title (systems co-coordinator), my labor approved as programmer and
· Would pay little less than labor rate, my labor was approved for $41 /hr IN New York, now am at LA (less cost of living compared to New York) with offer of $36/hr

I can't afford loosing this offer, what should I do? I have seen few people getting approved in this forum with less pay but my attorney is also a seasoned experienced attorney so can’t deny him as well…. Confused !!! Thinking optimistically should I take this offer?

Any honest suggestions are appreciated!

Thanks!
 
This are really hard decisions one has to make by looking at your personal, professional and financial goals and needs.

Generally by looking at the trend of CIS, it looks like to me that you are very close to your Approval and if you have a job on hand then I would not risk of moving the job and complicate the I485 case in case if they issue another RFE.

But if you are unemployed from the past 6 months and you are having problems financially, then I would take this job and use AC21 to fight for the I485 Approval.Since you have already replied to the NOID, I think you have a very good chance of getting straight Approval of I485 provided if your FP is valid and all other checks on your profile is completed.
 
Hi

I am not sure If I posted same thread in same category, if it is on different category I did that deliberately because I posted this week ago and didn't get response.. thass why! anyway thank you for your suggestion!

To answer your question, I am working for the company which helped me in responding NOID, actually for their client whereas the offer on table is full time GOVERNMENT JOB. Now, you brought up probably good issue, my FP will be completing 15 months as of this month aug 2004 so what might happen?

Thanks
 
Getting lesser salary than that mentioned in LC is NOT a problem. Firstly Laws are not written on the basis of salaries and secondly salaries change all the time. Thirdly nobody has ever got a denial because of getting less pay in the new company. Lastly, this issue has been thoroughly looked into by me by asking questions to lot of people who have got employment RFE and based on their feedback i have come to a conclusion that salary difference is NOT an issue.
Also the title diference is also not an issue. What matters is the area of work job description. So go for the permanent job without worries.
 
finger printing

What about fingerprinting thing? Will that further delay the process?
 
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