Future employment? Someone can pls explain?

[abug]

I understand that the LaborCert/I-140/I-485 process is for "future employment", is that right?

So, what would happen if someone with a pending I-485 is employed in a job of different classification (than the one in the I-140) but can prove intention of future employment (at the time of adjustment) in a job with the same or similar classification? (for example with a letter from future employer)

 

[titu]

A similar question was asked to Attorney Murthy during on of the chat sessions. Below's the question & her reply. The reply is not very clear though, a very typical lawyer talk.

Chat User : Can someone work in a different type of job until I-485 approval with EAD if not on H1B, and if it is a future job offer? Thanks.

Attorney Murthy : Generally, that is allowed, but if the BCIS schedules an interview for the AOS applicant or the BCIS issues an RFE, the person is required to submit evidence of working in the "same or similar" job for either a new employer or that the person is still working for the original employer listed on the LC and the I-140 petition. The best evidence of future conduct is present behavior, especially if the future expected date for the I-485 approval is within a couple of months

titu

Originally posted by abug
I understand that the LaborCert/I-140/I-485 process is for "future employment", is that right?

So, what would happen if someone with a pending I-485 is employed in a job of different classification (than the one in the I-140) but can prove intention of future employment (at the time of adjustment) in a job with the same or similar classification? (for example with a letter from future employer)

 

[abug]

thanks

Thanks titu!

I found Dr. Murty's answer pretty clear, and it makes sense that it will cause a better impression to the BCIS to be employed- at the time of RFE or interview- on the job that you're supposed to do in the near future when the GC is given.

My specific situation is that I'm on H1B now for a different job that the one described on the LC/I-140, my H1B expires next year and it's convenient for me to continue on my current job for one more year (on EAD), for training purposes. I was wondering if that could put me in trouble with BCIS... I think that at the pace the TSC is working now it will probably take years until I adjust and I'll have time to start working on my "expected" job when they call me for interview or send a RFE. My RD is 5/02 and they are processing 12/00 now. I asume I will not hear from them until the processing date is 5/02, right?