changing job title within the company

[amitk81]

Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

Thanks
Amit

[jthomas]

Originally Posted by amitk81

Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

Thanks
Amit

Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.

[ameryki]

my 2 cents...once past 180 days of your 485 filing with an approved 140 already anything is fair game. I am in my 4th promotion compared to what was on my labor...you got to take risks in life mate.

[maverick_iv]

I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..

[krishnam70]

Originally Posted by maverick_iv

I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..

If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.

If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.

I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris

[morchu]

No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.

Originally Posted by amitk81

Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

Thanks
Amit

[krishnam70]

Originally Posted by morchu

No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.

What happens to the GC petition? I guess that is probably also Amit's concern in the long term

- cheers
kris

[jthomas]

Originally Posted by krishnam70

What happens to the GC petition? I guess that is probably also Amit's concern in the long term

- cheers
kris

It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

I have a canadian PR so i took the risk of taking unemployment benifits.

you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

J Thomas