EB3(worldwide) Labor, 140 approved. 485 pending > 180 days (AC21 ok). Currently on H1 with EAD and AP. Old emp. is not revoking 140.
Previous employer has filed my PERM in EB3(worldwide) category. EB3 Labor future job title "Project Lead" (CIS Manager) and current title is "Programmer/Analyst". Recently moved to new employer with new job title "Sr QA Engineer", however new employer does not think AC21 port will succeed since they are not offering future job "Project Lead". Even though current job titles are not an exact match, they hv more concern for the future job "Project Lead" since they are not planning on giving me a Management position in the future at this time.
New lawyer is thinking to apply for NEW Labor and PERM in EB2(worldwide) as a workaround to the future job description issues.
My questions are -
1. why does the future job descriptions hv to match? i thought only current jobs must match??
2. what happens if EB3 becomes current first, and RFE comes to old emp.? Will i be able to adjust my status with old EB3 labor without joining back old emp.? Or am i going to lose the opportunity to adjust in EB3 if dont use AC21 to port to my new emp?
3. Will i lose old priority date if not use AC21? What are the consequences if not using AC21?
i am hoping to keep my options open and adjust in either EB3 or EB2 category, whichever is approved first....
Previous employer has filed my PERM in EB3(worldwide) category. EB3 Labor future job title "Project Lead" (CIS Manager) and current title is "Programmer/Analyst". Recently moved to new employer with new job title "Sr QA Engineer", however new employer does not think AC21 port will succeed since they are not offering future job "Project Lead". Even though current job titles are not an exact match, they hv more concern for the future job "Project Lead" since they are not planning on giving me a Management position in the future at this time.
New lawyer is thinking to apply for NEW Labor and PERM in EB2(worldwide) as a workaround to the future job description issues.
My questions are -
1. why does the future job descriptions hv to match? i thought only current jobs must match??
2. what happens if EB3 becomes current first, and RFE comes to old emp.? Will i be able to adjust my status with old EB3 labor without joining back old emp.? Or am i going to lose the opportunity to adjust in EB3 if dont use AC21 to port to my new emp?
3. Will i lose old priority date if not use AC21? What are the consequences if not using AC21?
i am hoping to keep my options open and adjust in either EB3 or EB2 category, whichever is approved first....