485 Pending. RFE from USCIS after switching employers.

W

waavman

Registered Users (C)
Hello,

My labor application was filed in Oct 2002 through former employer A.
In Jan 2007 my I-140 through employer A was approved and I have the original I-140 with me.
I filed for mine and my wife's I-485 in Jun 2007.
We received our EADs' in Sep 2007.
My 485 is still pending
360 days after filing for 485 I switched to employer B in Jun 2008.
I had employer B's attorney file an AC-21 around Dec 2008 suggesting that I had switched employers and attorneys and that I was working for employer B under a similar occupational classification. But along with the AC21, B's attorney didnot include any letter from employer B stating my current occupational classification.
Now B's attorney has received an RFE from USCIS requesting a letter from employer B that my new employment with them is in the same or similar occupation as the position indicated on my labor certification and I-140 Immigrant petition. So B's attorney is asking for a copy of the labor certification filed by my previous employer A. However employer A will not give it to me since they were not happy with my leaving them. So there is no way I can get a copy of my labor certification from my previous employer A . However I have always been in the software development field and all my H1-B visa petitions filed by my previous employer A were filed for the position of Programmer Analyst as I can see in my H1-B LCAs'. Even with my current employer I am working as a programmer analyst.
So what I would like to know is if it would it be Ok for employer B's attorney to have employer B submit a letter stating my current occupation is "Progammer Analyst" or are there any specific terminologies / codes in B's letter to USCIS that would need to exactly match what was stated in the original labor certification ? I am a little concerned about running a risk of my 485 being rejected here. Kindly clarify



thanks
waavman
 
Look at the description listed under the DOT code for Programmer Analyst: http://www.occupationalinfo.org/03/030162014.html

If that is a good match for your current job duties, you can use that code (consult with the attorney first, of course). Otherwise, search for the other computer-related job codes (Programmer, Software Engineer, Systems Analyst, etc.) and read the descriptions to determine the best one. Remember you don't need your current job to have the "same" classification, it only needs to be "same or similar", and there are several other computer-related jobs that are similar.
 
waavman said:
Hello,

My labor application was filed in Oct 2002 through former employer A.
In Jan 2007 my I-140 through employer A was approved and I have the original I-140 with me.
I filed for mine and my wife's I-485 in Jun 2007.
We received our EADs' in Sep 2007.
My 485 is still pending
360 days after filing for 485 I switched to employer B in Jun 2008.
I had employer B's attorney file an AC-21 around Dec 2008 suggesting that I had switched employers and attorneys and that I was working for employer B under a similar occupational classification. But along with the AC21, B's attorney didnot include any letter from employer B stating my current occupational classification.
Now B's attorney has received an RFE from USCIS requesting a letter from employer B that my new employment with them is in the same or similar occupation as the position indicated on my labor certification and I-140 Immigrant petition. So B's attorney is asking for a copy of the labor certification filed by my previous employer A. However employer A will not give it to me since they were not happy with my leaving them. So there is no way I can get a copy of my labor certification from my previous employer A . However I have always been in the software development field and all my H1-B visa petitions filed by my previous employer A were filed for the position of Programmer Analyst as I can see in my H1-B LCAs'. Even with my current employer I am working as a programmer analyst.
So what I would like to know is if it would it be Ok for employer B's attorney to have employer B submit a letter stating my current occupation is "Progammer Analyst" or are there any specific terminologies / codes in B's letter to USCIS that would need to exactly match what was stated in the original labor certification ? I am a little concerned about running a risk of my 485 being rejected here. Kindly clarify



thanks
waavman
Click to expand...

You can not get the previous LC copy now, you should have asked a copy at the time it applied or approved. If you know what was the position ad or requirement then you should use same terms in the letter from B. But you should not have any problem it seems you are in similar position software develop. You need to submit the letter from current employer - stating current position (full time perm.), start date, current salary offered and duties such as software development. Essentially this letter should be similar to your AC21 filing. Your new lawyer will take care that. You should be approved soon if date is current.
 
My I-140 is approved thru company A for more than 180 days. I do not have the original, but have a copy of the approval.
My I 485 is pending.
I am in my second EAD renewal.

What is the risk of switching to company B ? Can company A screw up my I 485?
 
Your Labor application has the description of the job you are expected to be in after your GC is approved (GC is for future employment).

Your new employer has to provide a job offer letter which states that the job description at the new place is same or matches what exisits in your labor (filed by your earlier employer).

I did AC21 recently and was asked for my perm copy, attorneys and my new employers wanted to ensure AC 21 goes through fine (job description match).

Apart from this and your wage info in labor petition, I dont think your labor application is required for any other purpose.

Others, feel free to add / correct me.
 
chiku_india said:
My I-140 is approved thru company A for more than 180 days. I do not have the original, but have a copy of the approval.
My I 485 is pending.
I am in my second EAD renewal.

What is the risk of switching to company B ?
----------------------if I-140 is approved and I-485 is pending more than 180 days and you find job with B and B is ready to give you permanent job offer letter with same/similar job duties to invoke AC21 and you send AC21 request to USCIS then I dont see any risk.
Can company A screw up my I 485?
--------------No. You are eligible for AC21 and read above.
Click to expand...

----------------
 
vj66321 said:
I did AC21 recently and was asked for my perm copy, attorneys and my new employers wanted to ensure AC 21 goes through fine (job description match).
Click to expand...
Your employer already knows the job duties of your new job. They don't need to rely on the old one, and AC21 does not require an exact match. Matching too closely could even make USCIS suspect that they only copied over the description from the old job rather than honestly describing your new job. Just have them describe the new job as it is without worrying too much about how the prior job description was worded.
 
You must log in or register to reply here.
Top