Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage." The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications. When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. : I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication I have also pasted it here in case you dont get to the website They have a great piece on I140/I485 portability. Take a look at Go to the nreaking news swction. Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?Īnd if you want to go then go. So what will IV gain by meeting lawyers and paying money to just get in? The organizers are charging fees for it too. This conference is for lawyers and employers and organized by lawyers. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
#3 compartments of leg registration#
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV. Michael Aytes, is one of the speaker in this conferenceif a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed. matthew broderick and sarah jessica parker divorce.
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