AKS1234,
While describing your experience, do not present that as a standard at all CP posts. You might have been quite lucky and there were others not so lucky in the past. Also gckums\' case is more complicated with his different job title not only the salary issue. He might be lucky as you were but he should be aware of the risks as well. I would at least try if his company could issue a letter stating that gckums will be employed in the LC position with the LC salary (or higher) as soon as he becomes a permanent resident. I would not only hope to get lucky during my CP. Or at least try to get your CP employment letter stating your assistent manager title with the same job duties specified in your LC!! Good luck!
From
www.imminfo.com (from a good and experienced attorney):
Topic: Basic labor certification requirements (1 of 1), Read 112 times
Conf: Labor Certification Issues
From: Deleted User
Date: Wednesday, May 02, 2001 08:41 AM
Over in the Consular Processing conference, someone posted a question asking whether a labor certification would remain valid after certain changes from the terms stated on the face of the application itself. This is an issue that comes up in a great many cases, so it is worthwhile to deal with it at some length. Because of wide interest, I am posting it in this conference area as well.
b A labor certification is highly specific. It is filed by a specific employer, for a specific job, at a specific job site. If any of the key elements (employer, job, location) change, then the labor certification may become invalid.
The doctrine of successor in interest applies to some employer changes. Similarly, changes in job location, as long as they are within "normal commuting distance" are permitted.
b The one change that is not permitted, however, is a change in the job itself. If the employee receives a promotion, or is assigned different core duties even at the same level, then the labor certification is no longer valid and a new labor certification is required.
Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403
Tel: 818-990-4922
Fax: 818-990-4964
e-mail:
JRG@Gotcher-Richmond.com
Notwithstanding any express or implied comments in the body of this message, nothing herein should be construed as legal advice, solicitation of legal services, or the creation of an attorney-client relationship. If you have a complex problem, you should seek individual legal representation from a competent immigration lawyer.
Topic: Job Title & Promotion (1 of 3), Read 82 times
Conf: Consular Immigrant Visa Issues
From: Deleted User
Date: Saturday, August 25, 2001 10:55 AM
b I can\'t emphasize strongly enough that the continuing validity of an I-140 is entirely dependant upon the continuing validity of the job offer set forth in the labor certification. Labor certification job offers are required to be specific. If you change jobs, from the one specified in the labor certification, they can and most probably will regard your I-140 as no longer valid.
Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403
From
www.murthy.com
Chat User : Hi, Ms. Murthy. What happens if employer asks you to take a pay cut which makes the salary less than stated salary on labor certificate in I-485 process? Thanks.
Attorney Murthy : According to AC21 law of Oct. 2000, it may be okay to find a new employer in the same filed or similar field where the salary is considerably reduced, as long as it is not below the poverty guidelines. Based on the EAD the employer can pay less
b but finally when the GC is obtained, the employer has to pay the prevailing wage as set forth in the LC and I-140, etc.
