Job change from engineer to project manager after I-485 filing

[green_4545]

I will appreciate if somebody can help me in this.

I applied for I-485 in July 2007 under EB-2 with Jan 07 PD. Job title is Engineer. Now I am being offered a poistion as project manager with the same employer. I understand that AC21 would not be feasible as job profiles are different.

Employer is ready to file for another LC/I-140. I understand that interfiling can be done to replace I-140 for my existing I-485.

My questions

(1) Interfiling can not be done until the PD is current. Since the new one is also going to be EB-2, I can't interfile for couple of years until the EB2 PD becomes current.

(2) What happens in between if there is any query/question from USCIS.

(3) What are the risks of doing this? My company says that they can do the interfiling as soon as the PD becomes current.

[jsb]

Originally Posted by green_4545

I will appreciate if somebody can help me in this.

I applied for I-485 in July 2007 under EB-2 with Jan 07 PD. Job title is Engineer. Now I am being offered a poistion as project manager with the same employer. I understand that AC21 would not be feasible as job profiles are different.

Employer is ready to file for another LC/I-140. I understand that interfiling can be done to replace I-140 for my existing I-485.

My questions

(1) Interfiling can not be done until the PD is current. Since the new one is also going to be EB-2, I can't interfile for couple of years until the EB2 PD becomes current.

(2) What happens in between if there is any query/question from USCIS.

(3) What are the risks of doing this? My company says that they can do the interfiling as soon as the PD becomes current.

Answer to (2)& (3) : Your I-140/485 is for a "future" permanent employment, which your employer has agreed to give you (and you have agreed to take), on your GETTING GC. Until then you are a guest worker on whatever job. There is nothing wrong as long as your employer will respond to an RFE suggesting "...yes, they will employ you as an engineer when you get GC". They can initiate new LC/I-140 for the second position, with the same conditions.

[green_4545]

Thanks JSB.

Take a scenario where I take the new job now and my company applies for LC/I-140 for project manager hoping to interfile in (may be in 2009 with current EB2 pace).

In any situatation where I have to leave my company before that, what would be the posistions I would be able to accept on EAD. I think i would be able to take only as enigneer under the AC21 guidelines.

Would the job held as project manager be a problem?

JSB- Your point of being on H1 and work as a project manager is correct, but how would I be able to use AC21 later if I need to.

[drirshad]

If same employer then u r cool ask them to report the position as Senior Engineeer or Engineering Manager it should workout check with an attorney ....

[natrajs]

I am also in a similar situation

Working as Server Engineer and soon will be promoted as Server Engineering Manager. Yet to discuss it with the Legal Department and Attorney

I am afraid they are going to say that I may have to start my GC process all over again.

I really don't know what to do

[h1bmajdoor]

Originally Posted by natrajs

I am also in a similar situation

Working as Server Engineer and soon will be promoted as Server Engineering Manager. Yet to discuss it with the Legal Department and Attorney

I am afraid they are going to say that I may have to start my GC process all over again.

I really don't know what to do

you guys should keep absolutely quiet. please understand that the INS will not do anything to help you. whatever information you give will be used against you.

so give them the least info possible.

[immi2006]

It will get one extra visa # to the guy behind if this case gets RFE :-)

Originally Posted by janakp

Do not advice people to break the law. Will you be available to take the blame if anything goes wrong to the person's case due to your wrong advice?
Withholding information from USCIS is an offense. It may/maynot apply in this thread so my statement is more general to everyone.

Coming back to this question on the thread. This is based on my reading of this subject. Check your labor and I140 and read the job description and the job code. Use that job code number and search the full description of that job code. Your new designation needs to be same or similar to it. And get a GOOD lawyer to help you.

[morchu]

Yes it is safer to file a second Labor/I140 & request for priority date transfer when you file new I140 for project manager position.

Hopefully (&most probably) the adjudication of old 485 will take more than 1 year, and by this time you will have the new 140 approved. Now your priority date has to come anyway for your old 485 approval, and right at this time you can request for underlying I140 change, and no time loss.

The above mentioned is a safe play, because you may never get an RFE on the old petition. Even if you do, you dont have to inform your plans, because "technically" you still have the intention to take the "Engineer" job after GC approval. You change this intention only after your priority date comes and when you apply for change of underlying I140.

Now in the worst case, if your GC gets approved before you apply for priority date transfer, you just keep quite and accept the GC

About the job change, you can change job any time and use EAD, and even start working in "McDolands". But when you are asked to prove that you have a same and similar job you better have one "similar". Depending on the time when you are asked to show this proof, you can take a decision. (For example, if this is asked at a time your priority date showes visa availability, and new I140 is approved, just ask for change of I140 and new employement letter as a reply to this RFE).

Originally Posted by green_4545

Thanks JSB.

Take a scenario where I take the new job now and my company applies for LC/I-140 for project manager hoping to interfile in (may be in 2009 with current EB2 pace).

In any situatation where I have to leave my company before that, what would be the posistions I would be able to accept on EAD. I think i would be able to take only as enigneer under the AC21 guidelines.

Would the job held as project manager be a problem?

JSB- Your point of being on H1 and work as a project manager is correct, but how would I be able to use AC21 later if I need to.

[GC_Optimist]

Originally Posted by morchu

Yes it is safer to file a second Labor/I140 & request for priority date transfer when you file new I140 for project manager position.

Hopefully (&most probably) the adjudication of old 485 will take more than 1 year, and by this time you will have the new 140 approved. Now your priority date has to come anyway for your old 485 approval, and right at this time you can request for underlying I140 change, and no time loss.

The above mentioned is a safe play, because you may never get an RFE on the old petition. Even if you do, you dont have to inform your plans, because "technically" you still have the intention to take the "Engineer" job after GC approval. You change this intention only after your priority date comes and when you apply for change of underlying I140.

Now in the worst case, if your GC gets approved before you apply for priority date transfer, you just keep quite and accept the GC

About the job change, you can change job any time and use EAD, and even start working in "McDolands". But when you are asked to prove that you have a same and similar job you better have one "similar". Depending on the time when you are asked to show this proof, you can take a decision. (For example, if this is asked at a time your priority date showes visa availability, and new I140 is approved, just ask for change of I140 and new employement letter as a reply to this RFE).

I don't think you can work in Mcdonald's if you are the Primary applicant and applied for EB2 or EB3 category(assuming that job in MC is not IT related or responsibilities are different. ).

Here is my understanding of AC21 usage of EAD. EAD allows you to be out of work for 180 days without losing status. and AC21 allows you to use EAD to work for company other than sposoring company. "similar" was introduced to plug any loophole in GC process so that unfair advantage is not taken. by applying for EB1 or EB2 and getting the EAD and working for lesser pay or jobs that need lesser skills or job responsibilities.

This is ensured by the minimum salary range. Hence it doesn't allow EAD applicant to work for lesser salary but In my opinion there is no Upper limit for the salary. AC21 (EAD) does not restrict GC applicant from earning more salary
hence it allows for multiple Jobs with EAD. Primary job responsibility being the same as Labor Application.

Note : This is my Opinion and I'm not a lawyer.

[h1bmajdoor]

Originally Posted by janakp

Do not advice people to break the law. Will you be available to take the blame if anything goes wrong to the person's case due to your wrong advice?
Withholding information from USCIS is an offense. It may/maynot apply in this thread so my statement is more general to everyone.

Coming back to this question on the thread. This is based on my reading of this subject. Check your labor and I140 and read the job description and the job code. Use that job code number and search the full description of that job code. Your new designation needs to be same or similar to it. And get a GOOD lawyer to help you.

"go to a lawyer" is your useful advice? and you think the poster couldn't have figured it out for himself?

my advice is based on practical understanding of how the US works.

because of this super defensive attitude, we desis are in this mess. while illegals will probably get their amnesty, we will be waiting for our green cards when our grandchildren are in college.

go out, be aggressive and _demand_ fairness. no one will give you credit for following the law here. people get laws _changed_ here to get their goals.

if we follow your example, we will be junior programmers when we are 65 years old.

[h1bmajdoor]

Originally Posted by GC_Optimist

I don't think you can work in Mcdonald's if you are the Primary applicant and applied for EB2 or EB3 category(assuming that job in MC is not IT related or responsibilities are different. ).

Note : This is my Opinion and I'm not a lawyer.

yes you can. you can do more than one job on EAD. one of them has to be similar to your labour. the others can be whatever you want.

fine print:

"i am not a lawyer, and a lawyer is not god. you got into this mess yourself and don't blame me for expressing my thoughts as leading you into trouble."

[h1bmajdoor]

Originally Posted by janakp

Do not advice people to break the law.

as to breaking the law.....

do you know that you as a h1b are not allowed to indulge in political activity in the US?

[pappu]

Originally Posted by morchu

Yes it is safer to file a second Labor/I140 & request for priority date transfer when you file new I140 for project manager position.

Hopefully (&most probably) the adjudication of old 485 will take more than 1 year, and by this time you will have the new 140 approved. Now your priority date has to come anyway for your old 485 approval, and right at this time you can request for underlying I140 change, and no time loss.

The above mentioned is a safe play, because you may never get an RFE on the old petition. Even if you do, you dont have to inform your plans, because "technically" you still have the intention to take the "Engineer" job after GC approval. You change this intention only after your priority date comes and when you apply for change of underlying I140.

Now in the worst case, if your GC gets approved before you apply for priority date transfer, you just keep quite and accept the GC

About the job change, you can change job any time and use EAD, and even start working in "McDolands". But when you are asked to prove that you have a same and similar job you better have one "similar". Depending on the time when you are asked to show this proof, you can take a decision. (For example, if this is asked at a time your priority date showes visa availability, and new I140 is approved, just ask for change of I140 and new employement letter as a reply to this RFE).

Members are adviced to use the comments posted at their own risk. There are all kinds of opinions and advice and it maynot be correct.

Members advising on the forum should only post only if they know something fully well. Advising that someone can work for McDolands (on a job that does not require the EB2 skills) when EB2 is pending and it is ok is wrong. AC21 is not as easy as people talk about. Please read the SOP and the AC21 well first to better understand the law. I have read it and will say that it is an important decision in your GC application if you change a job when the application is pending. You must seek advice of a very good AC21 expert lawyer. This lawyer should have handled such cases with success and can help you with any kind of RFEs and interview.