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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 14th November 2008, 09:49 PM
irainesan irainesan is offline
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What if I take up a higher profile job?

My labor is filed for job description "Programmer/Analyst". What will happen if I take up a "Lead programmer" role with my new job? Will it still be ok?

Also, should the new salary be the same level too? Experts please advice me

I have EAD and crossed the '180 days' an year ago. I-485 is still pending
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  #2  
Old 15th November 2008, 01:09 AM
ginnu ginnu is offline
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Quote:
Originally Posted by irainesan View Post
My labor is filed for job description "Programmer/Analyst". What will happen if I take up a "Lead programmer" role with my new job? Will it still be ok?

Also, should the new salary be the same level too? Experts please advice me

I have EAD and crossed the '180 days' an year ago. I-485 is still pending
It is better to have same job title and skills on job offer letter that you have to get from new employer to invoke AC21. USCIS needs same/similar job duties and if job duties match 80% that is ok for AC21. Recently USCIS has hired many new officers and they are asking lot of documents if not satisfied. I advise to get job offer letter with same/similar job duties and if possible with same job title as on LC. Salary is not a problem.

If you are still on H1 status then let new employer file H1 transfer and join once get H1 transfer filing receipt. H1 status has advantages. Having valid EAD does not mean that you must use EAD.
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Old 15th November 2008, 02:35 AM
irainesan irainesan is offline
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Hi ginnu, Thanks for your guidance.
Just have a follow up question

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Originally Posted by ginnu View Post
If you are still on H1 status then let new employer file H1 transfer and join once get H1 transfer filing receipt. H1 status has advantages. Having valid EAD does not mean that you must use EAD.
I still have valid H1. So, if I do H1 transfer instead of using EAD, can I take up a different job profile? wouldn't there be any problem incase if there is an inquiry from USCIS in future?

Your response would be appreciated.
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  #4  
Old 15th November 2008, 11:48 AM
ginnu ginnu is offline
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Originally Posted by irainesan View Post
Hi ginnu, Thanks for your guidance.
Just have a follow up question



I still have valid H1. So, if I do H1 transfer instead of using EAD, can I take up a different job profile? wouldn't there be any problem incase if there is an inquiry from USCIS in future?
------------------------------- forAC21 you need SAME/SIMILAR job offer. you can join by H1 transfer or with EAD. for more info you can go to your lawyer.
Your response would be appreciated.
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