Change of Employment - Any suggestions

A

AKFL

Registered Users (C)
My I-140 is approved in July 2002 and I-485 RD is 30th Aug, 2002. I am contractor working for a consulting firm. My case is a labour substitution case. My client has offered me a full time job, but an immigration attroney with client see a risk if I take up this job. My H1 visa has expired in April 2003. My consulting firm didn't want to extend my H1 visa so they asked me to use my EAD. I got my second EAD also. The new job description some what matches with what I have on the substituted LC.

Can anyone suggest me anything is this regard.

Thank you,
AKFL
 
The only thing you have to worry is, about how much co-operation you will receive from your client if you get an RFE. If the job description they mention varies significantly (the interpretation is upto the adjudicator), then you might be in problem. On the other hand, if you can talk to the HR of the cleient regarding the job description issue (ask them if they will co-operate if you ger RFE), then it will be OK. Otherwise, better arequest the client to give you 2 months time so that you will get your GC and then join them.
 
dSatish,
Thank you for your quick reply. I don't think its going to be approved in two months. As you said, I can ask my HR person about whether they will support me, if I get an RFE. Also, I will ask my boss whether its possible to change the job description. Actually the job description matches very close to the job description on the substituted labour. My only doubt is whether BCIS will cause any problem because of substituted labour.

Thank you,
AKFL
 
Substitution of labor causes problem at I140 stage. Once I140 is approved, there won't be any distinguishion between the cases. Only thing is chances of RFE or interview will be far greater for substitute cases. So be careful while leaving the sponsoring company (that means make sure your new job description is very much similar to the one shown in LC). Other than job description, there are no other problems i see for your case.
 
You can easily change your job per AC21. The only thing you need from your new employer - the client- is a similar job and preferably similar salary. So if your client is willing to do that- all that is some trivial paper work only- you should be good to go. Go check out the AC21 forum.
HTH
 
Job change is not problem once you have EAD.
As per my experience I changed my job two times in one year
on EAD and also change address from one service center to another center. Job also changed from PA to FL.
I got RFE for employment letter , 10 month pay stub ,
W2 and tax return for last two year and Geographic info
for last five year.
My case with my family were approved on JAn 12 2004.

I don't see any risk for changeing job but only question about
employment letter.If your clent is going provide same letter
whatever you want then you are good to go.
 
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