Job Change, pending 485

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Chase4GC

Registered Users (C)
Guys,
I appreciate your thoughts on this situation:

I have 7th year extension of H1 up to OCT09, I485 pending, EB3 with PD May04. Now i am getting a lucrative offer from a corporate company, they are willing to sponser H1 and GC. Job duties will be same but title will be like 'vice president' where as my current title is 'system analyst'.
If i accept the offer what should i do to keep the old PD and be on safe side.

1. Get the new H1 from this company.
2. Ask them to apply for new labor in EB2 (I am eligible)
3. once approved with labor, apply for 140, once approved then apply to interfile 485 with new 140 and retain the PD

any risks in this approach, any one done successfully? What happens if the previous employer revokes the 140?

Thanks,
 
Salary

It depends on salary rather than on title of your job. If your salary is more than 40% than previous job , consult an attorney.
 
Thanks goan2005,
Well, salary will be 100% more. What issues with salary hike?


goan2005 said:
It depends on salary rather than on title of your job. If your salary is more than 40% than previous job , consult an attorney.
Click to expand...
 
AC21 porting

My understanding is in AC21 cases , USCIS used salary as a basis for determining if the new job is "Similar" to your job description mentioned on I-140
 
Is it realistic to have the same salary from the date we apply the labor and final adjudication of 485?
 
Can you use EB3 PD for EB2???

Chase4GC,

I think you do not have to use AC21 because your are starting GC again and using old PD.
 
goan2005,
if I try to get the GC process done from labor stage again and retain the PD, will it be a AC21 case?

baby_mde,
yes we can port the PD from EB3 to EB2. there are many discussions around that topic.
 
Chase4GC said:
goan2005,
if I try to get the GC process done from labor stage again and retain the PD, will it be a AC21 case?

baby_mde,
yes we can port the PD from EB3 to EB2. there are many discussions around that topic.
Click to expand...

When we port PD from EB3 to EB2, the EB2 job duties should be same or similar as EB3 job duties??
 
That is my question too. if this falls under AC21, then probably yes!
Gurus, pls reply!

baby_mde said:
When we port PD from EB3 to EB2, the EB2 job duties should be same or similar as EB3 job duties??
Click to expand...
 
These are two separate scenarios .....

Chase4GC said:
That is my question too. if this falls under AC21, then probably yes!
Gurus, pls reply!
Click to expand...

These are two separate portability scenarios :
1) You stay in the same EB classification by preserving the original I-140 and you only change employers. In such a case, you will need to demonstrate that your job with the new employer is similar to the previous one.

2) You port the priority date alone by filing a new LC and I-140 for the new EB classification (for example, old was EB3, new is EB2). In such a scenario, you do not need to prove that the new job is similar to the old one.

Hope this helps.

Cheers !!
 
Gee!See? said:
These are two separate portability scenarios :
1) You stay in the same EB classification by preserving the original I-140 and you only change employers. In such a case, you will need to demonstrate that your job with the new employer is similar to the previous one.

2) You port the priority date alone by filing a new LC and I-140 for the new EB classification (for example, old was EB3, new is EB2). In such a scenario, you do not need to prove that the new job is similar to the old one.

Hope this helps.

Cheers !!
Click to expand...

It is clean and make sense. That means case 2 does not fall under AC21 just preserving PD.
 
Gee!See? said:
These are two separate portability scenarios :
1) You stay in the same EB classification by preserving the original I-140 and you only change employers. In such a case, you will need to demonstrate that your job with the new employer is similar to the previous one.

2) You port the priority date alone by filing a new LC and I-140 for the new EB classification (for example, old was EB3, new is EB2). In such a scenario, you do not need to prove that the new job is similar to the old one.

Hope this helps.

Cheers !!
Click to expand...

So i dont need to worry abt title and job duties..That is Cool! Thanx.
 
Chase4GC said:
Guys,
I appreciate your thoughts on this situation:

I have 7th year extension of H1 up to OCT09, I485 pending, EB3 with PD May04. Now i am getting a lucrative offer from a corporate company, they are willing to sponser H1 and GC. Job duties will be same but title will be like 'vice president' where as my current title is 'system analyst'.
If i accept the offer what should i do to keep the old PD and be on safe side.

1. Get the new H1 from this company.
2. Ask them to apply for new labor in EB2 (I am eligible)
3. once approved with labor, apply for 140, once approved then apply to interfile 485 with new 140 and retain the PD

any risks in this approach, any one done successfully?

What happens if the previous employer revokes the 140?

Since it is > 180 days for I-485, you can port your old PD to new I-140, even if I-140 is revoked by previous employer. The only catch is, if I-140 is revoked by CIS due to any investigation/reason you may lose PD in that case.

Thanks,
Click to expand...

Disclaimer: I'm not a lawyer, and this ain't legal advice, it is just my opinion.
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