Am i in Trouble 485 Stage.. CSC

Am i in Trouble 485 Stage.. CSC

  • am i in trouble

    Votes: 2 33.3%

  • am i in trouble

    Votes: 4 66.7%
  • Total voters
    6
U

up_bhai

Registered Users (C)
Folks,

I submitted my query number of times but i never saw a reply.

My situation is:

I came on L1 and filled for GC on EB1 category without Labor. My 485 is pending for more than a year. send it on Feb 2002. by seeing the speed i'm positive it won't come for next 6 months.

I was wondering can i switch the job ?? I have EAD
Don't you guys think that i don't have labor and that will create a issue ??

Apprecaite your response on the same. Wouldn't have dared to do so, but company is closing down.
 
up_bhai,

my understanding is that EB1 Extraordinary Ability, which is filed without any Labor Certification does not have a restriction on job change while AOS is pending. EB1 Outstanding Researchers with Labor Certifications may have some trouble doing just that, and AC21 does not seem to apply. As for EB1 Managers and Executives (which seems to be exactly your case), I have no idea.

You see, we, mere mortals of this board, are dealing with EB2's and EB3's on daily basis. That's what we are - plain Jaines and Joes, no "extraordinary abilities" at all ;)

You should go out and find a legal advise on this. The sooner, the better. You will have to shell out a couple of hundred bucks, but it will worth your while.
 
don't worry

I am also EB1 with MNC manager category. From what I have found out, you can change job w/o any issues as long as it is similar job as per job description you have given for you I140. The AC21 portability is definitely applicable if you have crossed 180 days. I have counted my 180 days and now I am not too worried.

The job title also needs to be same, but it is okay to be slightly different if the job description is the same. Search at the murthy.com and you may get more info on this one. Look for EB1 or L1A in the chat scripts (using search).
 
Thanks..

Hey cagcwaiter,

i can maintain the same position and job profile description from new employer that's not an issue. But are you sure that i can do the same ?? i mean can i use AC21 in my case ? are you also in similar boat ??

Please advise.
 
As I understand L-1 Visa is issued to anybody assuming that it is an intracompany Transfer and your L1 is valid till you are performing the same duties with the same company outside the USA.
You were exempted from Labor due to your VISA type i.e. L1 and L1 was due to your positions in your company so in other words if you are planning to change job than in that case you have to have a job which is similar in terms of job description and also most importantly you must be in managerial or executive capacity. And the company should be able to apply for L-1 for some other fellow also in other words your new company should be a qualifying organization for having L1.

This is kind of gray area so you need to talk to some lawyer before making any move.
 
Do not know about the last part of what vipsha is saying. But i know guys who have changed jobs from my company after they were laid off.. then used AC21. No, I am not in that boat , fortunately so far.
 
by the way ignore that one vote that is in the red color category, that's mine... to me both options given above look the same "am i in trouble"...

anyway, you are not in trouble
 
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