ACT21 & H1 transfer question ??

[worrieddude]

Yes this will be an issue.

AC21 is for a similar job.
A manager has different job responsibilities than engineer.

 

[Jackolantern]

There's no basis for them to deny entry. The individual has a pending I-485, which is all that is required. Loss of a job offer does not automatically invalidate the adjustment.

I didn't say it would automatically invalidate anything. But if the employer revokes the I-140 and there is no other "same or similar" job, that is most definitely a basis for denying the I-485 and revoking the benefits associated with it (EAD, entry to the US via Advance Parole, etc.). In addition, they have discretion to deny entry at the POE to any noncitizen if they have reason to believe the underlying basis for entry is no longer valid, and having no job or job offer whatsoever for an employment-based adjustment does jeopardize the validity of the adjustment.

 

[Jackolantern]

Hi TheRealCanadian,

By the way, I am a Canadian too.

Anyway, I'm planning to switch my job using AC21 portability law. Howeever, my new job title is a Manager whereas, the labor was filed for an Engineering position.

Is it going to be an issue?

Yes it is an issue, unless the job duties are sufficiently similar. If the original engineering position was a very senior one that had a substantial portion of management duties, you might be OK, but I think you should get an attorney to review your situation to determine if the jobs are sufficiently similar to satisfy AC21.