Switching Careers with pending I140 & I485
Hi Guru's,
I am looking for some advice. I am looking to switch careers from being
a Software Engineer (actually, software project manager) to Product
Management. I would like to understand what the consequences of such
an action would be. My details are below:
- Applied for LC Aug 2003 as Software Engineer with Company A at end
of 5th year of my H1B.
- My LC which was EB3 was approved Apr 2007
- Applied for I-140 premium processing in Apr 2007
- I-140 approved in May 2007
- Due to job security issues, I began looking to move companies and
got an offer from Company B in May 2007. I accepted the offer.
- While I was still working at Company A, Company B went ahead applied
for labor substitution (via I-140) with a new PD of Dec 2002 in Jun 2007.
At the time, no premium processing was allows for labor substitution.
- Company B then filed for I-1485 in Jul 2008.
- I left Company A in Aug 2007 and started at Company B in Sep 2007.
- Now one year later, I am looking to switch roles in my company from
Software Engineer to Product Manager role. At this time, neither my
I-140 nor my I-485 have been approved.
I do not believe that there is much overlap between the Software
Product Management role and the Software Engineer jobs other than
the fact that they both deal with software.
Questions:
1. Would I need to file for a new LC?
2. If new LC, can I now file as EB2?
3. Can I get to keep my current PD date of Dec 2002?
4. Do I need to file a new I-140 and I-485?
5. If must file new I-140, does this imply I move to back to end of the line?
6. Can I use AC-21 if I am to switch roles?
7. Can Product Manager position be "stretched" to cover Software
Engineer such that no changes are required for current I-140/I-485.
Any information you could offer me on my questions above would
greatly help me as I decide on how to best move forward on this
big decision.
Thanks in advance.
|
Donation Goal
09-26-2008, 09:40 AM
Linear Mode
