|Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.|
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Switching Careers with pending I140 & I485
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.
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
Thanks in advance.
Any information on my post above would be greatly appreciated.
Thanks for the suggestion. Has anyone tried switching careers with a pending I-140/I-485?
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