urgent help needed

C

casttree

Registered Users (C)
My I-1485 was filed on 03/2003 and I-140 was approved on 05/2003. I will be layoffed on 12/2003.

now I get an offer in same city, with same responsibility, but 20K (70k --> 50K) less than current salary. It is a 1.5 years contract but I asked employer to give me full employee title for this offer.

The qustion for the offer is :

1, Will salary different affect my green card?

2, if I accept the offer, can I change to another better offer before my green card is approved?

3, I think the new corporation almost never deal with green card case. If I hired the lawer for my case, what need I negoate with corporation? Need a employee letter to confirm "full employee"? How to deal with job description? Does my lawyer write job description and need to confirm or approve with corporation? I think my responsibilty is same as the current job (software Enginner), but what need I do to prove it?

The employer asked my reply ASAP, any comments is appreciated deeply.
 
My I-1485 was filed on 03/2003 and I-140 was approved on 05/2003. I will be layoff on 12/2003.
------ Do you have valid EAD? Or want to join on H1 transfer?
Now I get an offer in same city, with same responsibility, but 20K (70k --> 50K) less than current salary. It is a 1.5 years contract but I asked employer to give me full employee title for this offer.

The qustion for the offer is :

1, Will salary different affect my green card?
---- No problem according to August BCIS memo for I-140 and AC21
2, if I accept the offer, can I change to another better offer before my green card is approved?
---- YES
3, I think the new corporations almost never deal with green card case. If I hired the lawer for my case, what need I negoate with corporation? Need an employee letter to confirm, "full employee"?
----- You have to get Future permanent job offer (not now you can get it after some time but better talk to him now) and the new employer letter should have same skills needed, job duty and better keep the same title as on your approved LC. It will be helpful to new lawyer or employer to draft a new future job offer letter if you can get the copy of approved LC from your past employer or company lawyer because LC copy will have your skills and it will help new employer or lawyer to match your skills on the letter. If possible also get copy of I-140 approval notice because in future if you have to file for EAD,AP BCIS sometime asks for the copy of I-140 and I-485 filing receipts
How to deal with job description? Does my lawyer write job description and need to confirm or approve with corporation?
--- Your new lawyer will draft the new job offer letter and corporation should sign it on company letterhead. BCIS may also ask for employer ability to pay the wages so the new employer should agree to provide any financial documents to you if asked by BCIS in future
I think my responsibility is same as the current job (software Enginner), but what need I do to prove it?
----- Let employer or lawyer draft the letter looking at your copy of approved LC, if you are unable to get the copy of approved LC then you should provide the info to lawyer what skill set, job duty was written for you on LC if you remember
The employer asked my reply ASAP, any comments is appreciated deeply.
 
Originally posted by casttree


1, Will salary different affect my green card?

---> It may though with no guidelines, no one is sure. Most lawyers believe 10-15% difference is not an issue. But in ur case, the difference in salary is pretty significant.

2, if I accept the offer, can I change to another better offer before my green card is approved?

---> Yes. U can use AC-21 multiple times.

3, I think the new corporation almost never deal with green card case. If I hired the lawer for my case, what need I negoate with
corporation? Need a employee letter to confirm "full employee"? How to deal with job description? Does my lawyer write job description and need to confirm or approve with corporation? I think my responsibilty is same as the current job (software Enginner), but what need I do to prove it?

---> Firstly, you would have to get LC application and 140 approval from ur previous employer. It would have ur ETA 750 A and B forms, which have ur job description, title, salary, and code.

---> Then, u or ur lawyer would have to prepare a new job letter with similar job desc/code etc. U would need to get this approved and signed by ur new employer on their stationary. Next, u or ur lawyer would inform BCIS of ur job change, by including the job letter, a short description of AC-21 law, etc.

---> In addition, u may take lawyer's services in (a) Filing for EAD/AP renewal and (b) filing FOIA request to get copies of LC ETA 750 A and B forms, if you already dont have them.

U can do all this urself or hire a lawyer. Many have done it themselves successfully, and at the same time, others like me prefer to hire a lawyer.

hope this helps. goodluck!

-ab
Click to expand...
 
Ginnu, atlantabhopali

I really appreciated your valuable advice.

Now I have got EAD card on 08/2003, but I have no copy of LC and I-140 form.

I talked with the lawyer before and she said it is the corporation's archive and will not give me untill I leave. I will ask the lawyer again.

If I can't get the copy of LC and I-140 soon, can I work for new employer first with the unoffcial employer letter and let lawyer draft a offical one for INS later?

I am not familar with FOIA request. Does it means my new lawyer (can myself fill the form??) can use it to get my LC copy ( I-140 ???) without through my current lawyer?

Is it OK if I worked as the full employee before I leave my current employee and file AC21 application when I leave current employer. As my current corparion has 1 month off payroll period, (we will be notified and stop working on 11/03 , but off payroll on 12/03. Aslo I have about 1 month vacation, so I even can work from 10/2003).

Thanks again for ginnu and atlantabhopali 's comments. It really helps me a lot.
 
Originally posted by casttree
If I can't get the copy of LC and I-140 soon, can I work for new employer first with the unoffcial employer letter and let lawyer draft a offical one for INS later?
Click to expand...
---> Yes u can.
I am not familar with FOIA request. Does it means my new lawyer (can myself fill the form??) can use it to get my LC copy ( I-140 ???) without through my current lawyer?
Click to expand...
---> FOIA = Freedom of Information Act. It is a federal law that allows people access records with a federal agency. Applies to any federal organization. U can get the LC info from three places:
(i) Ur local Department of Labor office, where ur LC was first filed.
(ii) Ur Regional Department of Labor office, where ur LC was finally approved before going to BCIS
(iii) Ur BCIS center.
Most Labor departments do not have a form for FOIA. U would just need to write them a letter. Call the main Employment and Training Assistance line (877.US.2JOBS) for contact info of ur local office. Best to file at Regional DOL in my opinion.
If u file FOIA at BCIS, u would need to fill in a form (693 or something.. search BCIS website for FOIA). It is pretty simple - can do it urself or thru ur lawyer.

Also checkout the following link for details: http://www.usdoj.gov/04foia/04_3.html
Is it OK if I worked as the full employee before I leave my current employee and file AC21 application when I leave current employer. As my current corparion has 1 month off payroll period, (we will be notified and stop working on 11/03 , but off payroll on 12/03. Aslo I have about 1 month vacation, so I even can work from 10/2003).
Click to expand...
---> Yes, u can work for as many employees as possible parallely using EAD. Infact, the primary reason for issuing EAD is to allow the same. And except for ur primary job which satisfies AC-21, ur other jobs do not even need to be "similar" to ur LC job.

Goodluck!

-ab
 
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atlantabhopali

Thanks so much for your information.

Anothe issue for salary difference, can I talk with emplyer that they give me lower salary at first 0.5 - 1 year (40K-45K) and higher salary on RFE time (60k--70k). It will match the LC salary and also as GC is future job. Does RFE ask pay check (3 monthes or 1 year ???) for salary or just verification letter from employer?

Thanks,
 
If your lawyer is not giving you the copy of approved LC you can request your past employer Hr or employer can request the lawyer to provide you the copy of approved LC.
If you don’t have good relations with the past employer just pay to lawyer paralegal she can make a copy for you. Or request your Lawyer that please just let me ONLY know that what is written in column 13, of ETA75A and your job duty on LC and Salary on it
You can also use FOIA but it takes time to get the response or copies. DOL will not provide you the approved copy of LC DOL can only provide it to BCIS. Better try to get from BCIS or play some trick if any friend is working in HR department of employer he can give you a copy with out employer permission.

Just join the new employer with EAD
“If I can't get the copy of LC and I-140 soon, can I work for new employer first with the unofficial employer letter and let lawyer draft a official one for INS later?”
---- You don’t need any employer letter to work with the new employer show EAD fill up I-9 form. You don’t need to send new employer letter or AC21 immediately. you can send it later or you can inform when you get RFE. Many lawyers prefer to send the letter after RFE because they know what info BCIS needs. If you can just remember you’re skills filed on LC and your job title then it is not a big problem to draft the Same/ Similar job offer letter. Salary is not issue according to recent BCIS memo print it, read it and keep the copy with you:
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.visalaw.com/03sep1/newsletter.pdf
 
Originally posted by casttree
atlantabhopali

they give me lower salary at first 0.5 - 1 year (40K-45K) and higher salary on RFE time (60k--70k). It will match the LC salary and also as GC is future job. Does RFE ask pay check (3 monthes or 1 year ???) for salary or just verification letter from employer?

Thanks,
Click to expand...

How big a difference is there between salary offered by employer and the LC salary? If it is 5-10%, it is not an issue as AC-21 is not dependent on same salary, just similar duties. However, if there is a significant difference, BCIS may take it as an indication that job duties are not similar anymore...

However, I wouldn't suggest u to take the "pay less now, pay more later" approach.. It might be an incentive for ur employer to lay u off when the time comes to raise ur salary, and that can be a bigger problem...

RFE can ask for anything out of the vazoo.. usually an employment verification letter, but can also ask for pay stubs, W2, new employer's financials, etc.. If the difference is higher, u can also have the employer state in the letter that ur salary would be raised to LC level after ur GC is approved..

Take the help of a competent lawyer - too much of our immigrant lives depend on GC..

goodluck

-ab
 
I guess it also depends on your luck. Some people got RFEs for employment letter only. Some people got it for taxreturns and W-2s and 3 months paychecks.
 
Thanks a lot for all people's advice.

Now my lawyer faxed the first page of ETA 750A to me. but I still have several questions for that.

1, the item 13 for job description is :
"Design, develop, implement and test software for telecommunications.
technical Enviroment: C/C++, Unix, Switching Technology."

In this case, if I get a new offer, which is not for telecommunication or without switching Technology, will it casuse big problem? Can I just ask lawyer to copy the job describtion of old LC. The new employer is a consulating corp and may do different projects.

2, Item 12 for salary is 66.6K/Year.
My questions for salary difference:
I heard different answer for this issue. Even my current lawyer says it will be a factor for same and similar job, but another lawyer says salary is not a factor for same and similar job.

Just in conservative way, which should I try to match the salary of new offer to, item 12 of ETA750A 66k or previliage wage ??? for my job title?

Actually I didn't find the job code in LC, just Item 9 for Names of Job title is: "Member of Technical Staff/Software Engineer". But the minum requirment for education in item 14 is Master.

3, I just hope to make sure if I need to inform BCIS when I change the job. I remember I saw some articles (I can't find it now) say from memo of 08/2003 of BCIS, it asked to inform BCIS when the job changed, instead of waiting for RFE. Hopfully I am wrong at this point. Just any hint or comment for that.

Thanks again for your help.
 
the aug 2003 memo also says if you respond to the RFE and prove that the new job is same or similar, then the process is continued.

Eventhough it expects you to inform them. It says its ok not to inform. All you have to do is respond properly to the NOTICE OF INTENT TO DENY. You only get this if your old employer revokes/withdraws. If not you probably just get a routine RFE about job still valid/pay stubs/w-2s etc.
 
Salary Issue

Even work with same employer, I guess that people will have salary issue since most of us start GC process a couple years back during business peak time. These days the salary would be likely lower than LC even your work resposibilites are same or more. I want to know what is the standard or say right answer on this. Or this is still a grey area? Does anybody out there knows the answer? I believe that many people change job without other choice. Thanks.
 
I don’t think Salary is still a gray area for AC21. The recent BCIS memo does not say anything about Salary issue. In past Murthy posted that only concern will be that the person should not become public charge
You can read the BCIS Memo nothing about Salary:
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

As everybody knows that till date the final AC21 regulations are not published and we don’t know what will be in the final regulations, if and when they publish them till that time we can believe the above MEMO
 
Ginnu,

Thanks for the information.

I still have a question. It seems to me that BCIS asks pay stub and W-2 are very common. Can we say this is only for confirmation of employment not an salary level issue?

I am going to change since the current one is very shaky. It is almost not possible to get my current salary that started two years ago. I have seen many discussions about 10% salary change would be OK. What about more, I guess I-140 approval is related to the salary although definition says GC is for furture job.
 
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