Job title/duty descriptions change after I-140 approved

[SoonerOrLater]

Greetings

My Labor Cert. & I-140 was approved. (EB3, Priority Date Jul. 2002.)

Company now redefining job title and duty descriptions and will announce it in a few days.

Does it affect my I-485 when a visa number is available to me? Would my company then hesitate to provide an employment letter to verify that job mentioned in labor cert and I-140 is still available to me? My lawyer does not respond to my question.

What can I do?



Thanks for your help!

 

[inwater]

Also, I would like to know if someone is hired back by the company which he got i-140 approved from, but with different job title/duties, Can he continue his GC process to file the i-485? Many Thx.

Greetings

My Labor Cert. & I-140 was approved. (EB3, Priority Date Jul. 2002.)

Company now redefining job title and duty descriptions and will announce it in a few days.

Does it affect my I-485 when a visa number is available to me? Would my company then hesitate to provide an employment letter to verify that job mentioned in labor cert and I-140 is still available to me? My lawyer does not respond to my question.

What can I do?



Thanks for your help!

 

[bjorn]

Keep in mind that as long as your I-485 is pending you must work under the the job title and job description your I-140 was approved for, or at least a very similar title an description. If not, that can be the grounds for I-485 denial due to taking on new title and description without being GC approved. Be very careful here. You can apply the AC21 Act and follow these procedures when reporting job change to the USCIS. However, the USCIS may deny you the AC21 if your new title and description deviate too much from the I-140 approved title and description. Ideally, you want to meet with management and ask them to keep same title and description on paper so if/when the USCIS asks for current employment letter it matches the one approved for the I-140. What you do in reality may be a different stopry and does not have to be reported to the USCIS, but what's on paper may get you an I-485 approval or denial.

 

[inwater]

But it seems the i-140 approval doesn't say anything about the job title/description.

So how USCIS gets find out? Any other documents need to be attached, like LC?

Thx.

Keep in mind that as long as your I-485 is pending you must work under the the job title and job description your I-140 was approved for, or at least a very similar title an description. If not, that can be the grounds for I-485 denial due to taking on new title and description without being GC approved. Be very careful here. You can apply the AC21 Act and follow these procedures when reporting job change to the USCIS. However, the USCIS may deny you the AC21 if your new title and description deviate too much from the I-140 approved title and description. Ideally, you want to meet with management and ask them to keep same title and description on paper so if/when the USCIS asks for current employment letter it matches the one approved for the I-140. What you do in reality may be a different stopry and does not have to be reported to the USCIS, but what's on paper may get you an I-485 approval or denial.

 

[SoonerOrLater]

Keep in mind that as long as your I-485 is pending you must work under the the job title and job description your I-140 was approved for, or at least a very similar title an description. If not, that can be the grounds for I-485 denial due to taking on new title and description without being GC approved. Be very careful here. You can apply the AC21 Act and follow these procedures when reporting job change to the USCIS. However, the USCIS may deny you the AC21 if your new title and description deviate too much from the I-140 approved title and description. Ideally, you want to meet with management and ask them to keep same title and description on paper so if/when the USCIS asks for current employment letter it matches the one approved for the I-140. What you do in reality may be a different stopry and does not have to be reported to the USCIS, but what's on paper may get you an I-485 approval or denial.

I will try to see if management can do this for me, but as we know this is sometimes hard to do in some companies... For our discussion, can we assume company is not flexible?

My I-485 is yet to be filed. (EB3, PD Jul 2002). When I file I-485, do I must provide an employment letter stating the very job LC and I-140 were based on is still available to me? If company only agree to state that a similar job is available in that letter, does that pretty much kill I-485 because change to similar job is allowed only after 180 days after I-485 filing?

Thanks.

 

[bjorn]

On the actual I-140 form, you have to fill out job title, job description, SOC code, in addition to providing current references, academic diplomas and transcripts, job title and job description, including salary. Also, the approved LC must be attached with the I-140. The USCIS looks for 3 things when approving the I-140, and the supporting documentation outlined above are evidence of that:

1) that you have necessary minimum education as stated on LC
2) that you have necessary minimum experience as stated on LC
3) that company has ability to pay salary as stated on LC

If your I-140 approval came more than 12 months before the I-485 submission or approval, the USCIS will likely issue an RFE requesting a current employment letter and salary statement to ensure that you are employed within an occupation what your LC and I-140 was approved for and that the company has the ability to pay the salary stated on the LC. When filing I-485 you do not have to submit anything about employment or salary or employment letter, so you may get away with a new title and description by not having to report it in the I-485 stage. However, if the USICS issues an RFE for a current letter of employment and ability of company to pay, you may have some explaining to do if it's completely different than what the LC and I-140 were approved for. No, you don't have to say that the LC and I-14 job is still available to you, as you can apply AC21. But, when switching jobs, the duties must be very similar to the ones you were approved for according to the AC21. You cannot take a janitor position if you were approved for software engineer. I have yet to read anything that defines what a similar positino is, so you may be able to stretch it, and the USCIS if issuing an employment letter RFE will then determine if they feel like the new position is similar to the approved LC and I-140.