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View Full Version : Changing Position - Approved I-140


goel_ar
03-06-2010, 06:35 PM
I-140 approved. I haven't applied for I-140 yet.

I am looking to move to different position with similar job responsibilities within my company.

I spoke to company's internal legal dept - and as per them they would require -

a) My current job responsibilty as filed on GC app
b) New Job responsibilties from new manager
c) A note from new manager stating that new job responsibilities are similar to current one.

With this documentation, I could use my existing I-140 & don't have to file for H1-B, labor & I-140 again.
Do I need to be concerned for anything else?

Thanks,

harrydr
03-06-2010, 07:28 PM
As you can see in my profile, my I-140 is approved and i'm waiting to file for I-485. I just went through a position change within my company via the company lawyer. The way the lawyer explained to me was that he did file a new H1-B petition for the new job and also i did receive my I797-A action notice from USCIS.
The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.

Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.

Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.