EAD and salary equiavalency (in job change)
Nov 5th 2003, 4:36 pm
#1
Guest
Posts: n/a
EAD and salary equiavalency (in job change)
I am very confused about one point.
I am in the process of obtaining a green card (I-485 filed one year
ago), and have my EAD. I am trying to change job. I understand the new
employer needs to prove it is hiring me in a position equivalent to my
current position (under which the green card petition was filed).
What are the exact requirements in terms of the new salary? Must the
new salary be necessarily higher or equal to my present salary? Is
there there a range (below or above) within which the new salary is
considered equivalent to the present one?
I would expect that some variation is tollerated, based on geographic
location, downterm in the economy... But I may be totally wrong, as
often immigration laws don't seem to be so "rational"....
I appreciate any pointer or info on this one.
Thanks a lot!
I am in the process of obtaining a green card (I-485 filed one year
ago), and have my EAD. I am trying to change job. I understand the new
employer needs to prove it is hiring me in a position equivalent to my
current position (under which the green card petition was filed).
What are the exact requirements in terms of the new salary? Must the
new salary be necessarily higher or equal to my present salary? Is
there there a range (below or above) within which the new salary is
considered equivalent to the present one?
I would expect that some variation is tollerated, based on geographic
location, downterm in the economy... But I may be totally wrong, as
often immigration laws don't seem to be so "rational"....
I appreciate any pointer or info on this one.
Thanks a lot!
Nov 6th 2003, 9:21 am
#2
Guest
Posts: n/a
Re: EAD and salary equiavalency (in job change)
On Wed, 05 Nov 2003 09:36:21 -0800, Max wrote:
> I am very confused about one point.
> I am in the process of obtaining a green card (I-485 filed one year
> ago), and have my EAD. I am trying to change job. I understand the new
> employer needs to prove it is hiring me in a position equivalent to my
> current position (under which the green card petition was filed).
>
> What are the exact requirements in terms of the new salary? Must the new
> salary be necessarily higher or equal to my present salary? Is there
> there a range (below or above) within which the new salary is considered
> equivalent to the present one?
It indeed should be at least the salary stated in the LC. Otherwise, it is
likely not actually the same job.
> I would expect that some variation is tollerated, based on geographic
> location, downterm in the economy... But I may be totally wrong, as
> often immigration laws don't seem to be so "rational"....
Downturn in the economy wouldn't really count here. I'm not sure about the
geographic location in this context. But if you do move to a new city, the
question arises whether the job is truly equivalent.
I would recommend a consultation with a competent lawyer.
Ingo
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> I am very confused about one point.
> I am in the process of obtaining a green card (I-485 filed one year
> ago), and have my EAD. I am trying to change job. I understand the new
> employer needs to prove it is hiring me in a position equivalent to my
> current position (under which the green card petition was filed).
>
> What are the exact requirements in terms of the new salary? Must the new
> salary be necessarily higher or equal to my present salary? Is there
> there a range (below or above) within which the new salary is considered
> equivalent to the present one?
It indeed should be at least the salary stated in the LC. Otherwise, it is
likely not actually the same job.
> I would expect that some variation is tollerated, based on geographic
> location, downterm in the economy... But I may be totally wrong, as
> often immigration laws don't seem to be so "rational"....
Downturn in the economy wouldn't really count here. I'm not sure about the
geographic location in this context. But if you do move to a new city, the
question arises whether the job is truly equivalent.
I would recommend a consultation with a competent lawyer.
Ingo
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Nov 9th 2003, 3:12 am
#3
Guest
Posts: n/a
Re: EAD and salary equiavalency (in job change)
While the position stated below appears to be that taken by the CIS at
this time, it is by no means clear from the statute that the salary
offered must be equal to or greater than that set forth in the labor
certification. The only requirement is that the new job be in "the
same or a similar occupation". A lower salary does not necessarily
mean that the job is in the same or a similar occupation. If CIS
sticks to this position the issue may end up in Court.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
> On Wed, 05 Nov 2003 09:36:21 -0800, Max wrote:
>
> > I am very confused about one point.
> > I am in the process of obtaining a green card (I-485 filed one year
> > ago), and have my EAD. I am trying to change job. I understand the new
> > employer needs to prove it is hiring me in a position equivalent to my
> > current position (under which the green card petition was filed).
> >
> > What are the exact requirements in terms of the new salary? Must the new
> > salary be necessarily higher or equal to my present salary? Is there
> > there a range (below or above) within which the new salary is considered
> > equivalent to the present one?
>
> It indeed should be at least the salary stated in the LC. Otherwise, it is
> likely not actually the same job.
>
> > I would expect that some variation is tollerated, based on geographic
> > location, downterm in the economy... But I may be totally wrong, as
> > often immigration laws don't seem to be so "rational"....
>
> Downturn in the economy wouldn't really count here. I'm not sure about the
> geographic location in this context. But if you do move to a new city, the
> question arises whether the job is truly equivalent.
>
> I would recommend a consultation with a competent lawyer.
>
> Ingo
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
this time, it is by no means clear from the statute that the salary
offered must be equal to or greater than that set forth in the labor
certification. The only requirement is that the new job be in "the
same or a similar occupation". A lower salary does not necessarily
mean that the job is in the same or a similar occupation. If CIS
sticks to this position the issue may end up in Court.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
> On Wed, 05 Nov 2003 09:36:21 -0800, Max wrote:
>
> > I am very confused about one point.
> > I am in the process of obtaining a green card (I-485 filed one year
> > ago), and have my EAD. I am trying to change job. I understand the new
> > employer needs to prove it is hiring me in a position equivalent to my
> > current position (under which the green card petition was filed).
> >
> > What are the exact requirements in terms of the new salary? Must the new
> > salary be necessarily higher or equal to my present salary? Is there
> > there a range (below or above) within which the new salary is considered
> > equivalent to the present one?
>
> It indeed should be at least the salary stated in the LC. Otherwise, it is
> likely not actually the same job.
>
> > I would expect that some variation is tollerated, based on geographic
> > location, downterm in the economy... But I may be totally wrong, as
> > often immigration laws don't seem to be so "rational"....
>
> Downturn in the economy wouldn't really count here. I'm not sure about the
> geographic location in this context. But if you do move to a new city, the
> question arises whether the job is truly equivalent.
>
> I would recommend a consultation with a competent lawyer.
>
> Ingo
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
