Change of Job Responsibilities

L

longGC

Registered Users (C)
I have filed for I-485 and 180 days are over ( have EAD etc.) I am not changing job but there are good opportunities opening in my same company. These are additional responsibilities with some change from current job description that was filed in labor.

Can I take this new opportunity or do I have to continue doing the same thing that my job description defined in H1B?

I am doing the same thing for last 5 years!

The AC21 Rule says

...where the INS fails to adjudicate an application for adjustment of status within 180 days "if the new job is in the same or a similar occupation as the job for which the "petition was approved" or the "(labor) certification was issued".

Here, I am not changing job and the employer but I am going to have similar job but not the same job. How much it differs is again can be an argument for debate.

Please advise and help.....

Thanks.
 
No Title

I understand that you are eager to take the new job. However, since the AC21 rules have not been published yet, I think it is risky!

Good luck!
 
No Title

I think technically answer is that you cannot do that.
However, practically you probably can and I know cases that were approved were responsibilities have changed.
 
Please help...

Please help me on this. Can I take up new challenges in the same company? With some change in Job Description that was mentioned in LC? I have completed 180 days after I-485 and am in the same company.
 
No Title

How serious is the difference in the job description? You surely
can make your job description similar with added work?
The issue of same of similar occupation is very deceiving.
Say one is an accountant at firm A. There your "senior accountant" and you work the latest tools using X accounting procedure.
You change to firm B and you are now "accounting specialist" and
you work with an ABACUS on accounting procedure Z.
The point is that occupation is similar even though the job description is not exact.
 
Grit your teeth and stay there for a few more months...

Just an opinion- Why to take any risk when you know that you\'re a few months away from freedom?
 
You won\'t know whether the position is "similar" until INS adjudicates the I-485

The only opinion that will matter is that of the INS when the decide your I-485. Of course, by the time you get that opinion it will be too late.

Jim
 
Thanks Baba Yaga and Vi Dongre

Thanks Baba Yaga and Vi Dongre.

But Baba Yaga, you are driving a point that it has to be "same occupation" and little onjobdescription though your point is coming close to "similar job description".

Vi Dongere - Your question Why?
Answer-
1. Better opportunities.
2. The present job does not have challenges. Haven\'t you heard of obsolescdence in computer industry. I am sorry but you got the point.
 
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