Risk with switching job on EAD

[bkshres]

I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?

Thanks in advance,
BK

[Aah_GC]

Risk is just your perception. If you feel the new job offer is worth it and will help move forward in your career, you should go for it. Make sure you read all the AC21 posts in this site (and elsewhere) and be prepared.

Good luck!

[hemya]

Originally Posted by bkshres

I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?

Thanks in advance,
BK

advisable to use AC21 only if I-140 is approved

[ghouse1742]

I will use it surely when I come across a good opportunity. This is a provision provided by USCIS just for the specific purpose of changing jobs, so why do you anticipate any issues with using AC21 with in the guidelines for using it. I would also consult some one (best one will be a lawyer in my view) who has done this and has good knowledge of this to make sure everything is in order. Best of luck and enjoy the little flexibility AC21 provides.

[princeusa2006]

Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.

[edaltsis]

If you have an approved I-140 and the job description matches that of your Labor, you shouldn't have any issues. The job title shouldn't matter either, it's all in the description/role/responsibilities and the technology. If the technology/tool changes then it's an issue because the Labor you have tells that there is a shortage of people in that area.

Good Luck!

[pd_recapturing]

Originally Posted by princeusa2006

Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.

I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.

[chanduv23]

Originally Posted by edaltsis

If you have an approved I-140 and the job description matches that of your Labor, you shouldn't have any issues. The job title shouldn't matter either, it's all in the description/role/responsibilities and the technology. If the technology/tool changes then it's an issue because the Labor you have tells that there is a shortage of people in that area.

Good Luck!

How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?

[pd_recapturing]

Originally Posted by chanduv23

How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?

Chandu, did you ask your employer if they are willing to show all the technologies mentioned in your labor. My labor has some technologies that I no longer work and my new job (that I am thinking to take up on AC21) has none of them. I am confused ? How about job duties ? In my labor , the job duties are very generic, I doubt my new evl will have same job dutes but eventually, both are S/W development. I am not sure how much it impacts ?

[gcgreen]

IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

Then again, I am not a lawyer and all that...

Originally Posted by chanduv23

How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?

[chanduv23]

Originally Posted by gcgreen

IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

Then again, I am not a lawyer and all that...

In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.

[kondur_007]

Originally Posted by bkshres

I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?

Thanks in advance,
BK

I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).

Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.

Good Luck.

[leo2606]

Technologies doesn't matter as long as job description is same.
Not a lawyer but...

Originally Posted by chanduv23

How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?

[pd_recapturing]

My Job duties on labor says
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?

[pd_recapturing]

^^^^bump^^^^