2nd job change using AC21

I

INSBeats2death

Registered Users (C)
I applied for I485 after I140 approval in Feb 2002 through company A. Company A was not doing well financially, changed to company B in Nov 2002. Informed INS as my lawyer suggested strongly to do so. Nothing much has happened and I am not even sure if INS ever acted on my letter.

Now I am getting an offer at a major company C in bay area with 25% increment (around 30% over my LC) and a pretty stable job. Seeing many ppl getting approved after multiple job changes, I am very much inclined to switch to company C. Company B is doing Ok right now, but not sure what could happen 1 year down the road.

What do you ppl think? Should I wait for getting I485 approved which can take 3 months to anything or switch now on AC21?

Thanks for all the suggestions and comments.
 
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INSBeats2death,
I am inclined to suggest switching to C based on the following:
a) You get into a more stable company (valuable peace of mind) with better pay.
b) If you get an approval soon, you will have to wait some time to move to a new job: 6 months to a year depending on whom you ask, no guidelines given here by USCIS as to how long you need to stay with a company after getting GC to prove your intent to stay with the company and that the GC application was not a fraud.

On the "unknowns" though:
Salary range, number of Job changes and location requirements for job change during AOS are not exactly defined as per AC21. I have not seen any negative consequences for a case like yours so far, but just bear in mind that they are subject to changing guidelines and interpretation. You may want to weigh in these w.r.t. Job at B vs. C

Once you get more input from other members on pros and cons, you should be able to take a more informed decision.

Good Luck!
 
INSBeats2Death,

30% salary difference from LC is big which indicates that the job responsibilities may not be the same or similar. Although in some cases, depending on the officer, this salary difference may be ignored. But the point is do you really want to take that chance. Generally upto 15 to 20% salary difference is not a problem. But 20% is probably on the higher side. My suggestion would be not to take any chance at this final stage. You may want to consult your lawyer for further advice.

Wishing
WAC 02-091-xxxxx
 
Good post ThelastMile!

INSBeats2death,

While concerns over increase in salary over LC salary are valid, there is always scope for progression based upon performance, skillset and experience. You cannot be expected to be worth as much as you did when you started the process, considering how much time INS takes to process cases.

If there isn't too much of a job profile change, or the company is willing to give you an EVL that pretty much matches your LC profile, you are good to go. The Salary increase is a non issue.

Legally AC 21 makes NO mention of salary constraints, other than requesting you show enough sufficiency to not go on dole. So more is good. As long as there is logical progression.
 
Title..

Thanks guys, I am also of the same view that if title and description could match out to a satisfactory level then salary should probably not play much part.

One more think which I did not mention earliar, my job title will be changing from software engineer to Sr software engineer. This also being a natural progression, I hope should not matter much, though I will try to talk with HR if they can officially put software engineer as title.

Thanks again.
 
No need, Sr. Software engineer is a very logical progression from Software Engineer. Don't change your title, or next time when you want to move up to Project lead you will still have to go through the Sr. Software Engineer role. :)

Good luck!
 
Hi Guys

I may be in a slightly different situation than 'INSBeats2death'. My 485 has been pending approval for over 2 years now.

I want to move from current Employer A to future Employer B.

However there are couple of things here that are different:

1. I would be making 10 % less than my salary with my current
employer

2. My title is that of a 'Manager', compared to 'Software Engineer' with my current employer. The job roles may be similar, but more responsibilities.

3. My future employer is based in Boston, MA. My LCA, I 140 and I 485 have been filed in CA.

4. CSC is currently processing 01/09/2002. My RD is 01/10/2002


What is your advise ? Should I just wait or risk it and move ?

Will very much appreciate your inputs and recommendations.


Thanks

Consultant123

RD: 1/10/2002
1st FP: 03/01/2002
2nd FP: Still waiting
3 EADs, 3 APs
6th year on H 1 B
 
consultant123,
Your titles are different and by no means even imply that you are in the same field. It is very likely that it will cause a problem.
Do you have compelling resons for moving to a different state (it seems so from your reply) for lesser pay? Also you should be comparing the pay against that menrtioned in LC not your current salary.
My personal opinion is that you should stick to your current job.
 
Thank you much for your response, 'ThelastMile'.

Your titles are different and by no means even imply that you are in the same field. It is very likely that it will cause a problem.

*** I will be in the same profession “ Software Engineering” , in addition to hands-on- work, I may be managing the work of few other consultants with this new company. The new company has levels or bands for salary and to bring me close to what I make with my current company, they have to bring me in as a ‘Manager’, but I will be doing the same work.***

Do you have compelling resons for moving to a different state (it seems so from your reply) for lesser pay?

*** The consulting company I work for is based out of Los Angeles in California. However I live in Boston, MA and have been a resident of MA for 3 years. My company filed for LCA, I-140 and I-485 from CSC as they are based out of LA. The compelling reason is my future employers is a stable company ( A big 5 consulting firm) . My current employer is body-shop***


Also you should be comparing the pay against that mentioned in LC not your current salary.

***With my current company employer I am being paid 25 % more than LC. With my future employer I will be making 15 % more than my LC ***

My only worry is that my current employer ( being a body shop) may revoke my I -140 and use the underlying LC to substitute for another potential employee. If that happens, what are my options ? Would this affect the AOS process ?
Any ideas, thoughts, opinions ?
Thanks for your prompt reply

Regards

consultant123
 
I am not aware of issues with the first company withdrawing the underlying 140 but I vaguely remember seeing some posts, so please search the posts for precedents.
I work for a large corporation and in a similar case I have seen my law firm work out a suitable title with HR, I would suggest looking into it as a option to see if you can get a title closer to your original one while retaining all new responsibilities. e.g., use of "Software Engineering Lead" and make to look like a small progression. There are a lot of responsibilities common to Leads and Managers. If one such title is available and you can still get paid at same level, it would address your "same or similar job issues"
 
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