have lost my 485 and green card?.............

A

abc94536

Registered Users (C)
Have I lost my 485 and green card?????????.............

Friends! esp. those who are in Software industry....need help..

I had to join this new permanent position as my previous project got over and was not getting new assignement. Fortunately /unfortunately, this new assignment is in higher role than I previously was. I applied my 140 /485 as EB3 under Software Engg. category and now my this new job is as - Project Manager - Software Solutions. JUST To GIVE YOU AN EG: My earlier job profile was like - design, develop, implement software solns....and this new job entails - managing design , development and implementation of software solutions and the usual PM stuff.

1)
My attorney says that my job profile & title doesn't match with my labor /140 /485 - pls. help me how can I file my AC21?

2)
How imp. is job title?...if i can have my new employer write job profile close to the Software Engg. role desc.....will it sufficient?

3)
Also, do we need to mention salary figure in the letter from new employer?

4)
As I was getting very very low salary and was being exploited badly - my new salary is ~25k /annum more - will that make a difference?

Thanks !!!
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EB3 - PD - 02/2003
140/ EAD /AP - approved - RD - 02/2004
 
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questions

Hi abc94536,

Guess the gurus didnt get to help you yet. Maybe you need to rephrase the subject line to direct the question to Ginnu or RealCanadian.

My 2 cents.
 
1)
My attorney says that my job profile & title doesn't match with my labor /140 /485 - pls. help me how can I file my AC21?

Your attorney is right. The job profile and title need to match whats on your labor certificate. Remember that , technically, you are being given a green card because at some point, your sponsoring company had proven that they couldn't find local candidates for a given job profile. If your job profile changes, the labor certification is void.

2)
How imp. is job title?...if i can have my new employer write job profile close to the Software Engg. role desc.....will it sufficient?

Job title is very important. If your new company can give you the same title and job profile that you held in your sponsoring company, that should help.

3)
Also, do we need to mention salary figure in the letter from new employer?

USCIS will be interested to find out your salary just to make sure that it is not less than whats on your labor certification.

4)
As I was getting very very low salary and was being exploited badly - my new salary is ~25k /annum more - will that make a difference?

As I mentioned above, as long as your salary is not less than whats on your labor certificate you are fine

Please note that I am not a lawyer and I dont guarantee whatever I say is 100% correct
 
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job title not need to match

my title for Prog. Analyst on LC but new job (AC21) ws S/E. I got the smiliar job description with minor wording changes. my salary was 22% less than one mentioned in LC.

in your case S/E to project manager is a big difference. See if you can get as Sr. S/E title from your employer.
 
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