Chat User : Can I join on EAD as hourly employee for 6 month contract as per new 180 days rule?
Attorney Murthy : Keep in mind, the person does not need to be working for the GC-sponsoring employer. It is only the intention to join the employer in the future. So as long as the AOS takes more than 180 days for the INS to adjudicate, then there is no problem in being eligible under the portability provisions. We are sending a detailed outline this evening on this topic to all MURTHYBULLETIN subscribers.
Chat User : Can one have two full time jobs, one for GC sponsoring employer, another one on EAD with another employer?
Attorney Murthy : Yes, a person on an EAD may work for as many employers as s/he chooses. Also, since GC is a future job, there is no need to work for the sponsoring employer today at all, unless the company agrees not to continue processing otherwise.
Chat User : Hello, Ms. Murthy. How about the salary issues on job change after 180-day rule??
Attorney Murthy : Well, the law does require that a person satisfy the public charge provisions, but in most employment-based cases, that requirement is satisfied by a job letter. Salary does not have to be the same as for the old job.
Chat User : Would there be any problem if someone is paid less salary than what is mentioned in the Labor certification at the time of filing I-485?. Would it be an RFE?
Attorney Murthy : No, since the GC is for a future job, they should show that the salary will be paid at the time of getting the GC but intention to pay the prevailing wage is important and could result in a RFE if there is a large and noticeable discrepancy between the salary on the LC and the salary paid. Please also note that prevailing wage requirements apply to H1Bs too, so if the person is on H1B and current salary is lower than what is required, could be an enforcement issue with respect to employer\'s H1B obligations.
Chat User : Hi, Ms. Murthy. According AC21 Memo, do we need to inform INS when there is a job change after 180 days? Thank you very much.
Attorney Murthy : Yes, as we mentioned in our NewsFlash from June 2001 on the INS Initial Guidance Memo, they mention that a person needs to notify the INS if s/he does not intend to work for the sponsoring employer. But there is no legal requirement for that in the AC21 law itself, though arguably it may be needed since it shows intention to work for a different employer. Note that one has to show same or similar job with new employer
Chat User : If a person applies I485, not 180 days over yet and the company files for Chapter 7 (Bankruptcy Liquidation), can that person stay in the U.S.? Is his GC will be in progress? Thank you.
Attorney Murthy : Well, as mentioned before, since a person does not need to be working for the sponsoring employer (since GC job offer is future job offer), as long as the INS does not adjudicate the case within 180 days, the fact that the sponsoring employer files for bankruptcy does not matter. Again, same or similar job with new employer should be shown if the INS issues RFE after 180 days. If the RFE is issued within the 180 days, then possibly that could be more problematic, especially if the time frame to respond to the RFE is also within the 180 days.
Chat User : If current employer lays off after 180 days are over, will holding an offer letter (for same future job) from the current L1A employer be enough? In this scenario, can one legally stay in U.S. without job?
Attorney Murthy : Yes, and yes, since I responded to the same question above to you too. But may depend on whether the company will rehire you. This can get tricky so we suggest you set up a consultation with an attorney.
Chat User : Hello Ms. Is the 180-rule from RD or ND? Thanks.
Attorney Murthy : From the date the INS receives the package in their mailroom, so it is the RD or even earlier and not the ND. Forthcoming regulations from INS should clarify this point.
Chat User : Can
Attorney Murthy : Keep in mind, the person does not need to be working for the GC-sponsoring employer. It is only the intention to join the employer in the future. So as long as the AOS takes more than 180 days for the INS to adjudicate, then there is no problem in being eligible under the portability provisions. We are sending a detailed outline this evening on this topic to all MURTHYBULLETIN subscribers.
Chat User : Can one have two full time jobs, one for GC sponsoring employer, another one on EAD with another employer?
Attorney Murthy : Yes, a person on an EAD may work for as many employers as s/he chooses. Also, since GC is a future job, there is no need to work for the sponsoring employer today at all, unless the company agrees not to continue processing otherwise.
Chat User : Hello, Ms. Murthy. How about the salary issues on job change after 180-day rule??
Attorney Murthy : Well, the law does require that a person satisfy the public charge provisions, but in most employment-based cases, that requirement is satisfied by a job letter. Salary does not have to be the same as for the old job.
Chat User : Would there be any problem if someone is paid less salary than what is mentioned in the Labor certification at the time of filing I-485?. Would it be an RFE?
Attorney Murthy : No, since the GC is for a future job, they should show that the salary will be paid at the time of getting the GC but intention to pay the prevailing wage is important and could result in a RFE if there is a large and noticeable discrepancy between the salary on the LC and the salary paid. Please also note that prevailing wage requirements apply to H1Bs too, so if the person is on H1B and current salary is lower than what is required, could be an enforcement issue with respect to employer\'s H1B obligations.
Chat User : Hi, Ms. Murthy. According AC21 Memo, do we need to inform INS when there is a job change after 180 days? Thank you very much.
Attorney Murthy : Yes, as we mentioned in our NewsFlash from June 2001 on the INS Initial Guidance Memo, they mention that a person needs to notify the INS if s/he does not intend to work for the sponsoring employer. But there is no legal requirement for that in the AC21 law itself, though arguably it may be needed since it shows intention to work for a different employer. Note that one has to show same or similar job with new employer
Chat User : If a person applies I485, not 180 days over yet and the company files for Chapter 7 (Bankruptcy Liquidation), can that person stay in the U.S.? Is his GC will be in progress? Thank you.
Attorney Murthy : Well, as mentioned before, since a person does not need to be working for the sponsoring employer (since GC job offer is future job offer), as long as the INS does not adjudicate the case within 180 days, the fact that the sponsoring employer files for bankruptcy does not matter. Again, same or similar job with new employer should be shown if the INS issues RFE after 180 days. If the RFE is issued within the 180 days, then possibly that could be more problematic, especially if the time frame to respond to the RFE is also within the 180 days.
Chat User : If current employer lays off after 180 days are over, will holding an offer letter (for same future job) from the current L1A employer be enough? In this scenario, can one legally stay in U.S. without job?
Attorney Murthy : Yes, and yes, since I responded to the same question above to you too. But may depend on whether the company will rehire you. This can get tricky so we suggest you set up a consultation with an attorney.
Chat User : Hello Ms. Is the 180-rule from RD or ND? Thanks.
Attorney Murthy : From the date the INS receives the package in their mailroom, so it is the RD or even earlier and not the ND. Forthcoming regulations from INS should clarify this point.
Chat User : Can