How safer changing job, while 485 is pending for more than a year

[GreenWaiter]

Guys,
As per AC21, it is safer to chance job at your will. If so. What are the constraints with respect to your title and salary (base) etc. Are there any specific guidelines. For example can you join job for a base salary of 100K+ from 80K+. Can you take chane your title to Technical Manager from a Software Engineer etc.

I know, this could be very difficult to answer or to speculate, however if you have the personal experience or some one who you know has done this, I certainly appreciate sharing the experience.

Thanks
GW

 

[Soumy]

As per AC21 youcan change job after 180 days . Designation doesnt matter as long as job res;ponsibilities are similar. So check your I140 and make sure your new EVL states the same job responsibilities irrespective of designation.

Salary as seen in this forum before does not have much effect as long as the New Employer agrees to pay the amt after GC in the EVL.

Bottom Line : As long as you are in the same line of work, you will get your GC

 

[140_takes_4ever]

Originally posted by Soumy
Designation doesnt matter as long as job res;ponsibilities are similar.

Contrary to the above post, designation does matter! Check to see if the new designation is listed under a different code under jobs listed at the labor department.

I would go as far as to say, keep title similar, and the expanded job duties would be commensurate with experience on the job.

Rule of thumb on salary under AC21, more is good! For less you need EVL as well as a serious boost in salary post approval.

Good luck!

 

[mygcwaiter100]

I think BitterMan should also have a say on this...GreenWaiter wait until you hear his answer...pls have a glass of water and have a seat before you read his reply...

 

[junk12345]

A similar question:

How safe to use AC21 to move to a new company based on following comparison?

Worked with current company > 1 year

Current Job Title: Senior Software engineer
Salary mentioned in LCA is $100k

Future Job Title: Senior Web Developer
Salary: $95k

Job duties are similar.

How to find out the job codes for Sr. S/w engineer and Sr. Web Dev? Are they similar titles?

Your comments are greatly appreciated.

 

[BitterMan]

GreenWaiter,

there are no regulations as of yet to measure how exactly similar should be the next job with respect to application of AC21. But the following are some thoughts on the subject; although might be clever, they will never measure up to a real life experience.

I wouldn't recommend going from a Software Engineer to a Technical Manager. Despite the argument that additional responsibilities are due to the previous work experience (since the filing of LC, to be precise), INS could always put out a counter argument that they don't give a damn about acquired experience and all they care about is Labor Certification and I-140. And this would be reasonable, to say the least. Because the position you would be working in is not the same as described in your LC, therefore, you are effectively circumventing the whole LC process, which they most definitely won't like to allow.

If you could negotiate with the prospective employer that your job title and description to match as close as possible (if not exactly) your previous job title and description, this would be the best bet you can count on. Working in a different capacity, however (like really be a manager), potentially could get you in trouble. It is classified as a fraud.

Another point to consider is a geographical location of the prospective employer. Although AC21 does not mention this aspect at all, there were precedents (although not in CSC) when AOS applicants were denied their adjustment only because their new jobs were not in the same General Metropolitan Area (or what's it called?). Depending on where your current office is located, this "area" could be anywhere from just a few miles to as much as 60 miles radius.

As far as the salary goes, I agree with other posters here. More is definitely better than less. Even less may be not that disastrous at this economy.

***

At the end of the day, it all boils down to how much risk you are willing to take. Whenever a particular AC21 case falls into a gray area without specific regulations, INS can potentially adjudicate such a case positively. But they can also deny it and appealing actually helps only a low percentage of people...