Job title change: effects on GC

Y

ymghadia

Registered Users (C)
Hi,
I am on H1B work status but used Adv Parole to enter the US recently (

i-94 status is parolee). my labor,
140 is approved on application analyst job title. After the 140 was

approved i had to move to an operations manager role in the same group (consolidation of roles).

Company said that all apps analyst job duties continue. After that due to

reorg i was forced again to a different title (Bus. Integration mgr). Now

that role is not working well- so can I move to another role within the

same company???

The company paralegal say that they will provide a letter to say that it

is similar if the issue comes up. but of course this is not in writing

and the position is not that of an analyst at least in the job title.

Although I may be doing analyst kind of work for 25% or so of my time. It

woudl be a mix.

Would you recommend making this change? I am sick of being in the same

role for too long. and the original role as in the labor is anyways not

my present role today.

I work for a big company unlike smaller companies where things can be adjusted more easily (relatively speaking)

THanks,
yms.
 
ymghadia said:
Although I may be doing analyst kind of work for 25% or so of my time.
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GC process would have to restart if the current profile is < 50% different from what's mentioned in the original labor application. Having said that, big or small, employers can be made to realize the significance of job profile (job title is inconsequential) and the need to keep similarity between current and past profiles for immigration purpose until GC is fixed. Talk your manager into it. This is a big deal.
 
The important thing is not really the current job you have, it is the job you will take upon GC approval. If you have an EAD you can jump around to all sorts of different jobs while the I-485 is pending, as long as upon GC approval the company is going to move you into a job that is either the same job that was described on the labor certification, or a job that has job duties (not job title) that are at least 50% the same as the original labor-certified job.

However, to keep H1B status you need to always be in the same job that the H1B was filed for, unless an amended petition is filed with the updated duties/location. It would appear that you have already switched out of the H1B job, and USCIS would deem you to be out of status if they know about your job changes and you don't have an EAD.
 
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I have my I-140 approved and AOS filed and have my EAD Card.
If I leave my current employer and move to a new company -
a) Can my current employer withdraw my AOS ?
b) For using the EAD Card, do I have write a letter to USCIS informing them I have joined a new empoyer ; Is there a specific template letter for it ; Or is it best to request the new employer to write to USCIS ? And in the process, is it required to tell USCIS of the current job profile / duties and responsbilities ?
c) I am hearing in last few days that even H1B Transfers are being rejected . Is it true ?
d) For H1B Visa transfer, is it mandatory that a stamping should be in the passport. My H1B visa stamping expired but I have a new H1B extension petion filed and approved. Can I still do a H1B Transfer ?

I am a new member. Greatly appreciate inputs and comments. Thanks much.
 
maddy919 said:
I have my I-140 approved and AOS filed and have my EAD Card.
If I leave my current employer and move to a new company -
a) Can my current employer withdraw my AOS ? ---------
No, however they can revoke its I-140, if you applied for I485 180 days ago then consider AC-21.ASAP!!!-------
b) For using the EAD Card, do I have write a letter to USCIS informing them I have joined a new empoyer ; Is there a specific template letter for it ; Or is it best to request the new employer to write to USCIS ? And in the process, is it required to tell USCIS of the current job profile / duties and responsbilities ?----------
No such form is there. EAD is your authorization, and you should show it to your employer to confirm your ability to work in the US. New employer does not have to inform USCIS on your new job, neither do you. -----
c) I am hearing in last few days that even H1B Transfers are being rejected . Is it true ?---- No comments.----
d) For H1B Visa transfer, is it mandatory that a stamping should be in the passport. My H1B visa stamping expired but I have a new H1B extension petion filed and approved. Can I still do a H1B Transfer ?
----For your new job - no (you are using EAD). For travel purposes if you are planning to go overseas use I-131 (AP). You can use your H1B approval notice to travel back from Canada or Mexico for less than 30 days trip . If you really need H1B transfer - ask your employer. Yes, you are eligible. ----
I am a new member. Greatly appreciate inputs and comments. Thanks much.
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a) Can my current employer withdraw my AOS ?
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They can withdraw the I-140. But if your I-485 has been pending for 180 days and you have found another "same or similar" job, the employer asking USCIS to withdraw the I-140 won't cancel your I-485 because you are protected under the AC21 law. But you should still notify USCIS about the job change.
d) For H1B Visa transfer, is it mandatory that a stamping should be in the passport. My H1B visa stamping expired but I have a new H1B extension petion filed and approved.
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Stamping is not required to do the transfer. I've done it without stamping myself, and then got the stamping months later when I visited my birth country. Stamping is required only if you want to travel outside the US (the above poster mentioned visiting Canada or Mexico without the stamp ... I don't know if that's really true, you should verify that with other sources before doing such travel without the H1B stamp).
 
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Nik & Jackolantern,

Thanks much for the note. My AOS is more than 180 days and so that means I am good. On further reserach ; I am told that there is a form called I-9 that needs to be filled in if a person used EAD card and leaves the current employer after 180 days of AOS pending and uses AC21 portability ?

To be on safe side, is it better to inform USCIS of the job chnage or better still to go silent lest it invokes a higher chance of interview rate or RFE ?

Third, if I choose to inform USCIS, is it better to request the new employer to write a letter or I do it myself ? And is there a time frame by when from the time the EAD Card is used, I should inform USCIS ?
 
maddy919 said:
On further reserach ; I am told that there is a form called I-9 that needs to be filled in if a person used EAD card and leaves the current employer after 180 days of AOS pending and uses AC21 portability ?
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I-9 is something every employee has to fill out, including citizens. It is done after you actually have landed the job, usually in the first couple days of employment. You probably filled out one for your existing job as part of the initial HR paperwork.

To be on safe side, is it better to inform USCIS of the job chnage or better still to go silent lest it invokes a higher chance of interview rate or RFE ?
Click to expand...
It is safer to do it proactively, as doing so may avoid an RFE if the employer asks to withdraw the I-140 (although USCIS sometimes sends the RFE anyway).

Third, if I choose to inform USCIS, is it better to request the new employer to write a letter or I do it myself ?
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The letter has to be written and signed by the employer, although it can be given to you to send in yourself.

And is there a time frame by when from the time the EAD Card is used, I should inform USCIS ?
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No specific time frame, except that you should send it before the employer asks USCIS to revoke the I-140. You don't have to actually be in the new job yet to send the AC21 documentation, you only need a job offer. The job or job offer must be an ongoing job of indefinite duration, not a short-term contract job (but it can be a consulting job where you do a series of short-term contracts for clients while continuing to be paid by the same employer).
 
Thanks much again Jackolantern. In case one requires a consultation with an attorney, any suggestion ? At Murthy's site, a consultation with a senior attorney is $150 / 20 mts. Do you have any recommendations ?
Thanks so much !
 
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