Employer change after filing 485..

[atyagi73]

All,

I am feeling weird writing this note. I waited for my PD to be current for a long time(waiting for more than 5 years) and when that has happened I can not feel happy. I am in a great dilemma.

Recently my client(fortune-10) has offered me a manager position. I was planning to join there using my approved I-140 while trying to keep same PD. My director was willing to negotiate with my current employer so they will co-operate and not cancel my I-140. I feel pretty safe with this option but can not be 100% sure. Ofocurse I have to go through new LC and I-140 process.

Now the situation has changed. I can file I-485 with my current employer and change employer after that.But I do not know:
1. How long I have to wait after filing 485 before I can change employer ?
2. Can I join new employer as manager (my current title is Programmer Analyst) ?

Thanks guys and I am really happy for all who were stuck in this black hole.

 

[Jackolantern]

1. Once you get your EAD you can change jobs,
but
2. It all depends on the actual job duties, but on the face of it "Manager" does not appear to be "same or similar" to "programmer analyst". If the USCIS asks about your employment situation, you will have to convince them that you will join your original employer as a programmer analyst (or something similar) once you get the GC. They might not believe you if you are working as a manager for the big company. Same scrutiny will be applied again if you apply for citizenship.

Another option to consider is to do a new LC and I-140 with the new company, then port the old priority date.

But don't rely on anonymous message boards for serious situations like this. Pay somebody qualified to advise you on the complexities of your situation. If you don't handle this right, you'll have no job and no green card.

 

[atyagi73]

Thanks, Jack

1. Once you get your EAD you can change jobs,
but
2. It all depends on the actual job duties, but on the face of it "Manager" does not appear to be "same or similar" to "programmer analyst". If the USCIS asks about your employment situation, you will have to convince them that you will join your original employer as a programmer analyst (or something similar) once you get the GC. They might not believe you if you are working as a manager for the big company. Same scrutiny will be applied again if you apply for citizenship.

Another option to consider is to do a new LC and I-140 with the new company, then port the old priority date.

But don't rely on anonymous message boards for serious situations like this. Pay somebody qualified to advise you on the complexities of your situation. If you don't handle this right, you'll have no job and no green card.

Thanks for your input and concerns. I am considering the option of using I-140 for PD portability. I have consulted Murthy for that.

I will consult same lawyer for AC-21 as well.