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  #1 (permalink)  
Old 03-15-2009, 03:24 AM
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immigqindenver is on a distinguished road
Unhappy Internal Job Switch on EAD

Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.

Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.

Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?

Thanks.
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  #2 (permalink)  
Old 03-16-2009, 11:12 AM
Donor
Priority Date
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Sep-03
Category
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EB3
I140 Mailed Date
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05/27/2007
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India
Processing Stage
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I-485
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07/18/2007
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Join Date: Apr 2006
Posts: 46
nirenjoshi is a name known to all nirenjoshi is a name known to all nirenjoshi is a name known to all nirenjoshi is a name known to all nirenjoshi is a name known to all nirenjoshi is a name known to all
Default Depends on if you get RFE

I'd like to see expert/legal opinion, but from my limited understanding -
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.

Others, please chime in...
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  #3 (permalink)  
Old 03-17-2009, 03:54 PM
Donor
Priority Date
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Jan-07
Category
:
EB2
I140 Mailed Date
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03/11/2007
Chargeability
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India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Posts: 30
amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future amitk81 has a brilliant future
Default change of job on EAD

Hi,
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.

I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.

e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.

my 2 cents
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