Approved I140 and change of employer

[imikky]

I am a nurse and my I140 petition was approved on september 2003, and the I485 is pending since nov 2003. My job title with the original employer is a nurse supervisor in a long term care facility. I want to accept a new offer as a clinical instructor at a school of nursing since I have been with the empolyer longer than 180 days . Do you think that this title is different or still falls in the nursing domain, because when the AC21 refers to "simila or same" title I get worried about changing emloyer at this time. Is there any answer for this. Thanks so much
Ismat Mikky

 

[Jharkhandi]

I am a nurse and my I140 petition was approved on september 2003, and the I485 is pending since nov 2003. My job title with the original employer is a nurse supervisor in a long term care facility. I want to accept a new offer as a clinical instructor at a school of nursing since I have been with the empolyer longer than 180 days . Do you think that this title is different or still falls in the nursing domain, because when the AC21 refers to "simila or same" title I get worried about changing emloyer at this time. Is there any answer for this. Thanks so much
Ismat Mikky

Check SOC/DOT code of two jobs and talk to your lawyer about it. If the SOC/DOT code's first 3 digits match - it is similar job, if all match - it is job of same nature. In between is allowed too.

Then check if your new duties will match or is superset of your new offer - if it is so - then job profiles match too.

Now check your salary - if one specified on your new job is more or little less than what is on LC - you have a salary match.

When all the above three are good - use AC-21 and joing new employer.