SAME or SIMILAR job describing clause or regulation ....

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girishreknar

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My atty says SAME or SIMILAR job means has to be same or more salary than labor approval, is there a regulation or clause describing SAME or SIMILAR that attorneys should follow?

I am not sure on what basis my atty is defining SAME or SIMILAR means, must be same or more salary than labor approval ...

Please see my thread http://immigrationportal.com/showthread.php?t=145508

Thanks
 
girishreknar, you need to take some responsibility

YOu have asked this question before and several people have answered and re-answered your question. while I do understand your concerns, If you read all the postings and everyone's suggestions, its almost as if You want someone to tell you to not switch employers...Almost everyone has given you a green light to go ahead and I'm sure you can search and read experiences from others who have gone through same situations and then got approved.

Everyone in this forum is out here to help each other and offer best advice based on experiences from our own life or others we know. At the end of the day when we follow an advice we need to take some responsiblity, understand the pros and cons and take the plunge and face what comes. Listen to everyone and make your decision. I think you've heard everyone and its for you to make the decision now. Noone else can make the decision for you.

I apologize if I have said something that wouldnt' seem appropriate to you. However I feel you needed the push. Only trying to help.

Goodluck!
 
girishreknar,
I totally agree with ak2002 and you have to do little bit of reading on this issue on this forum and as well as some other immigration forum and then you should make your decision based on the inputs you gathered. Once again Salary of $5 less / Hr should not be an issue and I am pretty sure that your case will be now approved as you have replied to NOID and I don't think CIS is going to raise another RFE, if your reply to NOID is good.
 
Thank You ak, for trying to help. I was just curious to know, if really there is a clause or regulation ( perhaps some one can provide any link to the article, that is what I am actually looking on this NEW post ) by which my atty is saying so... OR is his OWN interpretation of the words SAME or SIMILAR ?

Thanks in advance.

ak2002 said:
YOu have asked this question before and several people have answered and re-answered your question. while I do understand your concerns, If you read all the postings and everyone's suggestions, its almost as if You want someone to tell you to not switch employers...Almost everyone has given you a green light to go ahead and I'm sure you can search and read experiences from others who have gone through same situations and then got approved.

Everyone in this forum is out here to help each other and offer best advice based on experiences from our own life or others we know. At the end of the day when we follow an advice we need to take some responsiblity, understand the pros and cons and take the plunge and face what comes. Listen to everyone and make your decision. I think you've heard everyone and its for you to make the decision now. Noone else can make the decision for you.

I apologize if I have said something that wouldnt' seem appropriate to you. However I feel you needed the push. Only trying to help.

Goodluck!
Click to expand...
 
There are no such specific regulations. The rules and regulations are spread over the multiple AC21 memos. And thats it. The attorneys can interpret the AC21 memo in their own perspective. But, that is not going to alter the reality.

Think it in this way....after all these posts under different forums and under different headlines, did you ever get atleast one negative reply from anybody out there ?!!!
I too understand your concern (as i was also there once)...but...
Like the Nike Ad...."JUST DO IT".
 
Please do not start multiple threads on the same issue

The AC21 §106(c) states:

A petition under subsection (a)(1)(D) [since re-designated section 204(a)(1)(F) of the
Act] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

But it doesn't say what exactly it takes in to consideration when looking for 'same or similar'. Your attorney is taking a conservative approach as far as the salary is concerned. But I haven't seen any cases, which faced problems due to the difference in salary. Ultimately, it's up to you to take a decision.
 
Mr khanna's reply

Guys!

I just got feedback from none other than Mr khanna himself that there is a risk and it is hard to say, Now the ball again is in our forum's court....
 
Girish,
You are not realizing the amount of inconvenience your threads are causing to the people. Just make your decision yourself. Every one who cares, has given a suggestion and they are not going to change their suggestions. After all, you are not going to submit the employement letter from the new company (govt) to the INS. If at all you get an RFE, then you can think about what to do . It's very easy to go back to the body shoppers (your current employer). So please just make up your mind yourself instead of repeatedly asking the same question again and again and again.
 
girishreknar said:
Guys!

I just got feedback from none other than Mr khanna himself that there is a risk and it is hard to say, Now the ball again is in our forum's court....
Click to expand...

When you drive every day to the office there is chance of accident. Do you stop driving?

Yes always there is risk. Whole GC process is like that.

Since two years I am visiting this forum we have seen the approval of the candidates whose salary difference goes from -50% to + 200%. Description does not match or did not have the job at the time of approval. But still got approved.

It is up to you to decide. What amount of risk you can bear.
If you go through the old post within year you can come up with some statistics. I think it should be 100% approvals unless there was problem with I-140 revocation or some thing similar
 
Girish...dont do it. PERIOD. no more questions.
(i guess you wanted to hear this).
matter closed.
 
Please bear with me...

I see some of you not happy with my QUERIES though you were nice to answer, please put up yourself on my shoes, I would be risking my 5year period waiting starting my labor in year 2000. I have been regular in this forum since couple of months now though I registered couple of years ago, perhaps !!! I need tips to look for things in this forum or elsewhere, if you could please give me the ropes.

There are always new seasoned people answering my queries like Real_canadian who shed new light...

Thank you anyway

pv1976 said:
Girish...dont do it. PERIOD. no more questions.
(i guess you wanted to hear this).
matter closed.
Click to expand...
 
hey man. I was just making a point with that. And also..if you browse back thru your threads..u can see that i've given all the information that i could.

And about being in your shoes.....I was in that shoes. I too filed my labor in 2000 and was waiting for the approval this year. Even I had to switch employers at the last minute (i had no choice, whereas you have one).

See...i am not freaking out or anything. I know that we are all in the same boat. And ofcourse i understand what you are saying (atleast we shared the same shoes.. :) )
anyway...All i am saying is , you are missing the point what others are trying to make. Life demands risks. You can succeed only if you take risks. (that is some philosophy..)
I'll be glad to share any of my experiences on immigration so far.

hey cheer up. Good luck with your decision. Whatever your decision is, let it bring joy to you.
:)
 
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