Guru's
If I use AC21 on 140 approval pending more than 180 days to a similar job and the pay is more than offered as mentioned in my labor by the new employer and if i get layed of from the new job and how can that new pay will effect if I get a new offer to port my I 140 for a less pay for AOS .
Advice please
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to frenzydude143:
I would not change job with I-140 pending ... but yes as long as the pay is equal or more than that mentioned in the LC, there is less to worry. Remember the curent salary overrides all the previous one.
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to frenzydude143:
If, your I1485 is pending more than 180 days and your I140 is approved then you should change job in same or similar occupational classification as determined by the SOC codes.
Mariginally, less or higher pay doesn't have any impact as long as the occupation is same or similar.
Even, the work location doesn't matter.
But, the key thing is I140 should be approved and I485 pending more than 180 days and you have recieved your EAD.
If, you port on un-approved I140 there is a risk of RFE - and further complications if sponsoring employer revokes or withdraws your I140 petition.
I hope this information helps.
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to mine1974:
thank you guru's for the advice ,can I use my EAD incase i get lay off and I dont get a offer for my H1 and I 140 port to a new job? is that a big risk for AOS?
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to frenzydude143:
The risk is in the case if your I140 is not approved and you recieve an RFE and your employer doesn't respond.
If, you port on unapproved I140 it has to be approved down the road with or without RFE to be eligible for processing AOS in AC21.
Secondly, there is no such thing filing AC21 so even if you change and your approved I140 is revoked by the sponsoring employer there are chances that you will either get an NOID or your AOS will be denid.
If it is NOID then you can respond with Employment verification letter of the new job as same or similar occupational classfication as outlined in SOC Codes associated with your labor and I140 and then your case will be adjudicated on the basis of new job being same or similar.
If you recieve a straight Denial then an MTR will be used to fight the AC21 applicability by supplying additional evidence of a Permanent job with the new employer in the same or similar occupation as per SOC Codes.
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