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Job profile change [same employer] in between I-140 and future I-485
- Thread starter kevin9
- Start date
WhyThisDelay
Registered Users (C)
Depends on your LC. But as a general rule of thumb the jobs which are "similar" - it does not matter. For e.g. if you are working as a software develper or software tester then it should not be a problem.
But if you change from software developer to program manager, then the co. sponsoring is required by law to file a different lc.
Most probably you'd need a new lc, but consult a lawyer.
But if you change from software developer to program manager, then the co. sponsoring is required by law to file a different lc.
Most probably you'd need a new lc, but consult a lawyer.
kevin9 said:Hi Gurus,
Can anyone shed some light on implications of changing a job profile in between I-140 filing (already filed as Software Engineer) and future I-485 (which will be filed as Marketing Mgr) with same employer.
thanks.
Kev.
It matters
Check my question with my company attorney.
My question to my attorney:
Am I eligible to apply for that new team leader position since my labor was filed for different title? I would like to apply for that position if it does not affect my on going LPR process.
Attorney's response:
The CIS would say you are only eligible to take the new position in two circumstances: (1) you take the new position after the I-140 is approved and the I-485 has been pending for more than six months. If you recall our conversation on the telephone, we do not think this will be possible. After your I-140 is approved and your priority date becomes current, it is likely that your I-485 will be approved in less than six months.) or (2) you can take whatever position you want now as long as you go back to the position described in the approved Labor Certification application when the I-485 is approved. The only other exception would be if we thought the two positions were really part of the same job that was described in the approved Labor Cert. Sometimes when we get a Labor Cert approved for a job like "Software Engineer" we feel comfortable in allowing the employee to move up to a "Senior Software Engineer" position as long as the duties remain substantially similar. That doesn't sound like the case here.
Check my question with my company attorney.
My question to my attorney:
Am I eligible to apply for that new team leader position since my labor was filed for different title? I would like to apply for that position if it does not affect my on going LPR process.
Attorney's response:
The CIS would say you are only eligible to take the new position in two circumstances: (1) you take the new position after the I-140 is approved and the I-485 has been pending for more than six months. If you recall our conversation on the telephone, we do not think this will be possible. After your I-140 is approved and your priority date becomes current, it is likely that your I-485 will be approved in less than six months.) or (2) you can take whatever position you want now as long as you go back to the position described in the approved Labor Certification application when the I-485 is approved. The only other exception would be if we thought the two positions were really part of the same job that was described in the approved Labor Cert. Sometimes when we get a Labor Cert approved for a job like "Software Engineer" we feel comfortable in allowing the employee to move up to a "Senior Software Engineer" position as long as the duties remain substantially similar. That doesn't sound like the case here.
Thanks Gcby3000 for sharing your conversation with attorney.
My lawyer is also of the same opinion that job has to be pretty similar but
I am just wondering does all folks have to stay on same job for 5-6 years to get GC!!! they can not even take promotion from Sr. Software Engineer to Project Manager.
My lawyer is also of the same opinion that job has to be pretty similar but
I am just wondering does all folks have to stay on same job for 5-6 years to get GC!!! they can not even take promotion from Sr. Software Engineer to Project Manager.
Gcby3000 said:Check my question with my company attorney.
My question to my attorney:
Am I eligible to apply for that new team leader position since my labor was filed for different title? I would like to apply for that position if it does not affect my on going LPR process.
Attorney's response:
The CIS would say you are only eligible to take the new position in two circumstances: (1) you take the new position after the I-140 is approved and the I-485 has been pending for more than six months. If you recall our conversation on the telephone, we do not think this will be possible. After your I-140 is approved and your priority date becomes current, it is likely that your I-485 will be approved in less than six months.) or (2) you can take whatever position you want now as long as you go back to the position described in the approved Labor Certification application when the I-485 is approved. The only other exception would be if we thought the two positions were really part of the same job that was described in the approved Labor Cert. Sometimes when we get a Labor Cert approved for a job like "Software Engineer" we feel comfortable in allowing the employee to move up to a "Senior Software Engineer" position as long as the duties remain substantially similar. That doesn't sound like the case here.
Its very interesting and important question?
When I joined the company I had BS + more than 5 years of experience. Technically I am qualified for EB2 category. WHen I asked my company to file in this category they refused to do so. The explanation for refusing is:
All the persons for this position(Sr.Software Eng in my case) in this company should have met this qualification when they joined or got promoted. IF this is not the case, then it is not possible to file in EB2 category.
Example:
If a person A is working (or worked in the past) as Sr.software engineer with BS + 3yrs, then it is not possible for another person in the same company to file for the same position in EB2 eventhough he is qualified.
If a person B is working (or worked in the past) as software engineer with BS+5 (OR)
a person C is working (or worked in the past) as software enginner with MS+0 etc etc.
All this will cause problem for the company if USCIS decids to conduct an audit.
When I joined the company I had BS + more than 5 years of experience. Technically I am qualified for EB2 category. WHen I asked my company to file in this category they refused to do so. The explanation for refusing is:
All the persons for this position(Sr.Software Eng in my case) in this company should have met this qualification when they joined or got promoted. IF this is not the case, then it is not possible to file in EB2 category.
Example:
If a person A is working (or worked in the past) as Sr.software engineer with BS + 3yrs, then it is not possible for another person in the same company to file for the same position in EB2 eventhough he is qualified.
If a person B is working (or worked in the past) as software engineer with BS+5 (OR)
a person C is working (or worked in the past) as software enginner with MS+0 etc etc.
All this will cause problem for the company if USCIS decids to conduct an audit.