Mr Jim and other gurus, Question for you all !!!!

C

chelsea

Registered Users (C)
Here is the transcript from Murthy’s CHAT session:
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Chat User : Good Evening. If one obtained I-551 PP stamp (EB) from one state and got a job in another state, is it OK to renew stamp in new state upon expiration, if photo ID GC is taking long time? Thanks much!

Attorney Murthy : There is no prohibition in doing that in another state. The risk is usually when the person tries to file for citizenship down the road that the INS could look to see if the person worked for the GC-sponsoring employer or under AC21 after 180 days of the I-485 pending if the work was in the same or similar field.

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I have a question regarding this:

How is person considered to be working in different field ?? Does the person
needs to be working with same Job and Responsibilities as mentioned in Labor for
I 485 ??

Take for Example

Person gets labor approved for Database Administration for I485
But he starts doing Development also, or he starts working as ERP consultant or may be IT manager, does this means he is working in different field ??

OR INS expects person to be working in same field for next 7-10 years with the same Job responsibility, as when he/she started the I-485 process and till he/she gets Citizenship.

Please clarify my doubt.

Thanks
 
Proof of Intent...

is the operative word. As soon as you get your GC, if you resign and start a McDonalds then it will be intrepreted as if you had all along planned to open a McDonalds but used the GC for DBA path as a short cut and cheated INS.
In 7 years you might become a CIO. As long as the progress of your career has been logical I do not think INS will question it.
Staying with the same employer, is also a critical issue but after 6 months the change won\'t affect your citizenship. FYI the titles approved by LC are like software engineer or programmer analyst which are generic in their own rights. So as long as you still stick onto some form of software engineering you should be fine.
Ms.Murthy was referring to the geographical restriction some LC might have (rare but there might be one in your LC). This is because your sponsoring company might have thought that they will not be operating say outside of Maine. Then getting a job in california within the first year will be proof of intent to cheat INS and Dept of labor.
This is purely my surmise and opinion.
 
No Title

Thanks Jaxen,

Checking my Labor, it has been approved as Oracle Database Administrator, which is same as what I’m working right now !! I never thought about this during beginning and signed the documents what ever my attorney sent me.

But now my concern is if option of working in Oracle Financials, SAP or PeopleSoft or SQL Server DBA comes up or I start my own Consulting company(Software consulting), will that also be considered as an INTENT.

Thanks again.
 
You seems like a knowledgable person to ask.

Let\'s say someone came in this country 10 years ago studied Finance finished B.SC degree in Finance and then got MBA degree in management. Found an employer sponsored for his H-1b visa worked 4 years and bring lot of business to the company. Company applied for labor got approved, I140 approved and got green card. After living 10 years gaining too much practical as well as academic knowledge. Saved decent money to start it\'s own business and using MBA management skills knowing it\'s tough to find job in recessionary period. How INS will treat that individual who has know hows of business, money, green card if INS questioned why he switch employer then what is the purpose of having land of opportunity. To me that person came here study earned Master\'s degree and became 3% of the worlds population who has Master\'s degree. Economy is bad and he wants to start his own business by using his skills why INS questioned him/her..............
 
Question on 485.

Jim / Others ...

I have a I-140 approval from my previous employer and my Labor is stuck with my present employer. Is it possible for me join my old employer again and then apply for my 485 right away. My PD is current. Pls let me know.

    Thanks
 
No Title

Regarding changing profession to something else how long one should wait after getting a green card. For how long can INS keep track on you?
 
There is hope...

I searched for related positions for Database admins in
http://online.onetcenter.org/
and do you know what I found... Try it yourself...
This is one of the references INS uses. But the critical question is does same qualification means that you have to file I140 amendment...
 
It doesn\'t

The question comes only when you apply for citizenship or renewal of GC or if you come under its radar for some other reason.
 
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