effect of job profile change on I 485 and green card proces

reshma1986

Registered Users (C)
Hi All,
My husband is working for company A. Due to an internal transfer and complete change in the job description, the HR filed for a new H1(amendment) in Dec 2010 which was approved.

He has a I-140 approved with pd of sep 2006. As per the new June visa bulletin we are eligible to file for I-485; but what would be the impact of his job profile change on the green card/I-485 filing.

Should he be going for a I-140 amendment before filing the I-485 to avoid RFEs or a denial?

Your help is greatly appreciated!
 
An I-140 amendment won't be good enough; he'll need a new labor certification and then a new I-140. Unless the original labor cert. and I-140 are for the new position.

However, the good news here is that it's an internal transfer. With the I-485 filing, if he's currently not in the position that's related to the I-140, he'll need a company letter saying that upon green card approval they'll hire him into the original position on which the I-140 is based. It's not mandatory to be employed in the given position during the green card process; USCIS just wants to know that the company is willing and able to hire him into that position when the GC is approved.
 
Last edited by a moderator:
Your answer confirmed the future employment GC option we too had thought of. Thank a bunch for the reply. I still have a question. I am on F1 working as a GRA on-campus. Will my F1 status still hold once we file for I-485? Can I continue working on-campus until I get my EAD and after too ? Thanks!
 
Your answer confirmed the future employment GC option we too had thought of. Thank a bunch for the reply. I still have a question. I am on F1 working as a GRA on-campus. Will my F1 status still hold once we file for I-485? Can I continue working on-campus until I get my EAD and after too ? Thanks!

Could anyone please reply???..thanks!
 
If you remain in the US (i.e. don't travel outside for even a minute) and otherwise satisfy the F1 conditions (attending class, not working more than 20 hours per week during the school term, etc.) you can keep your F1 status and work on campus. But if you want to do that, don't report the I-485 filing to the school until you have the EAD.
 
Top