need help with I-485 filing

V

vsreeniv

Registered Users (C)
Hello
I have been working for company A for 7 years. The labor was filed for a software engineer. I have become a product manager over the course of time and now my attorney says that they cannot file 485 for me since I am not employed as a software engineer in the same company. My manager tried to explain to the attorney that my current role is a natural progression from a software engr. The attorney replied back saying that while some components of my current role are related, the majority is not. So they are not willing to file my 485.
What are my options?
Can I tell the attorney that "green card is for future employment. so when I get the green card, I will go back to being a software engineer at the same company" ?
What is the best argument that will make them file my 485 before the Aug 17 deadlin?
Your help is greatly appreciated
 
This Makes Me Appreciate My Attorney

Disclaimer- This is based on my personal experience and what I remember from my conversation with my lawyer. I don't know much about immigration law.

Since it's taken me 6 years before I get to this point. (I-485 approved yesterday), I had also been promoted a couple of times. At one time I was doing something quite different from what my LC was for. I even had to do an H1-B amendment at one time because the job was quite different. However, the lawyer found a way to tie it together (loosely under "marketing" definition, and by emphasizing that it's a natural progression of the LC job.) She has also been very careful that the statement is true (i.e. we are not trying to fraudulently present the case, we just work very well together in presenting it in the way that makes sense to the officer who makes decision on the case.)

And as I was recently promoted just before filing I-140 and I-485 in June, she actually positioned it so that I-140 is for my current job, meaning that I don't have to go back into the old position after GC. My pay scale has also increased substantially (75%) from the time I started.

We got everything approved.

My opinion is that either the natural progression or the "future job" can be used to file I-485. If your attorney insist on not doing it, may be get a second opinion and try a better lawyer.

Good luck.
 
If your employer is on your side, u need to get another lawyer or file your own I-485. Isn't the deadline this week....
As long as the job profile is the same, let's say analyst it does not matter at all. Either lawyer wants more money or employer is playing games....

vsreeniv said:
Hello
I have been working for company A for 7 years. The labor was filed for a software engineer. I have become a product manager over the course of time and now my attorney says that they cannot file 485 for me since I am not employed as a software engineer in the same company. My manager tried to explain to the attorney that my current role is a natural progression from a software engr. The attorney replied back saying that while some components of my current role are related, the majority is not. So they are not willing to file my 485.
What are my options?
Can I tell the attorney that "green card is for future employment. so when I get the green card, I will go back to being a software engineer at the same company" ?
What is the best argument that will make them file my 485 before the Aug 17 deadlin?
Your help is greatly appreciated
Click to expand...
 
Your lawyer is definitely telling you the correct thing....that you are not eligible since you are no longer working in that position....

But, if you look at all the small firms - esp consulting firms....they don't care....they just still continue ahead and file I485.....the employer and employee have an understanding that the employee is still doing the same job as on the LC paper....but in reality it may be a lot more different.....as long as your employer is willing to give you a similar/future job offer letter - neeeded to match the LC ...you should be good!
You can talk to Rajeev Khanna and Murthy if needed.....
Law is all about coming up with loopholes to get around to the same destination...

In reallity, if employer / employee agree - there is nothing USCIS can ever do to prove that employee/employer are not is the same job as in the LC...
they just trust the employer's word and employee's word! As long as your employer is on the same page......
 
I now wish I was working for one of the desi consulting firms. My company will not do this. 7 years of wait down the drain!!!! but I guess it was a decision I made.. wanted to get out of software engineering ...
one question: can I ask my attorney to file as a software engr with the promise that i will join a software engr role once i get the green card (since technically green card is for future employment)?
 
I don't think you would have benefitted from working at a desi body shopper. If your employer does insist, the attorney will find ways around this. That is what they are paid to do. Even if you get RFE later you can dispute it. In case your boss cannot insist then you have to think of other ways. Anyways, this is too close to the deadline. Best of luck!


vsreeniv said:
I now wish I was working for one of the desi consulting firms. My company will not do this. 7 years of wait down the drain!!!! but I guess it was a decision I made.. wanted to get out of software engineering ...
one question: can I ask my attorney to file as a software engr with the promise that i will join a software engr role once i get the green card (since technically green card is for future employment)?
Click to expand...
 
I cannot disagree with nyc8300. Your lawyer must be competent enough to find a way out. After all, this is not his or her first case and your situation is not the first of a kind. Put some pressure on both your employer and lawyer.

On the other hand, if I were you and had a PD in early 2002 under EB3 or early 2003 under EB2, I would risk it and send an application with the new job title explaining the similarities in job duties and quoting natural job progression. Worse comes worse, I may have to miss the Aug 17 deadline while I convince/pressurize the lawyer or employer, but I could easily apply as early as October 2007, when new numbers kick in (assuming PD in early 2002 for EB3 or early 2003 for EB2).

Good luck. Strive hard to stick with the present job and file I-485 too. You worked hard to get to this position - do not relinquish it for a GC. I say, get both.


nyc8300 said:
I don't think you would have benefitted from working at a desi body shopper. If your employer does insist, the attorney will find ways around this. That is what they are paid to do.
Click to expand...
 
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thank a lot guys for the positive response....
my attorney came back and said that they will not go ahead with my filing. So I am screwed. They said that they will file only if I move back to a software engr position and need to remain in that position till I get the greencard. (wait time of 3 years atleast). My PD is march 2006 even though my application has been sitting with the attorneys office since march 2002 (my company had too many layoffs and they refused to file my application till 2006 when I hit my 6 year deadline on h1)
I asked them if they could file a new perm for product manager and then using the approved I-140 PD. They said it was not possible. Is this true??
 
You can go back to the previous position once u get your GC. Based on GC for future employment, this is legal. Your boss may need to agree to do this too. They can't do a refiling for Perm??? looks fishy. I am not sure your boss wants u there. Maybe they anticipate layoffs etc or do not want to pay for the 485. Never heard this one.
You may have a case against the lawyer. Keep all records, in writing....

vsreeniv said:
thank a lot guys for the positive response....
my attorney came back and said that they will not go ahead with my filing. So I am screwed. They said that they will file only if I move back to a software engr position and need to remain in that position till I get the greencard. (wait time of 3 years atleast). My PD is march 2006 even though my application has been sitting with the attorneys office since march 2002 (my company had too many layoffs and they refused to file my application till 2006 when I hit my 6 year deadline on h1)
I asked them if they could file a new perm for product manager and then using the approved I-140 PD. They said it was not possible. Is this true??
Click to expand...
 
nyc8300 said:
You can go back to the previous position once u get your GC. Based on GC for future employment, this is legal. Your boss may need to agree to do this too. They can't do a refiling for Perm??? looks fishy. I am not sure your boss wants u there. Maybe they anticipate layoffs etc or do not want to pay for the 485. Never heard this one.
You may have a case against the lawyer. Keep all records, in writing....
Click to expand...

This is why having your own attorney to guide you through this mess is really needed. You can hire a competent attorney and route all these through them. Your company attorney is working for the company and will make all things possible to hold on to you as long as possible. I am sure that in the past many faced such promotion and still could able to proceed further without any issue. I hope someone experianced such promotion during the process could through some light here.

Thanks
 
Do you mind us asking the difference in salaries?

I know the crooked mind of employers who try to exploit foreign employees always, no matter how dedicated employees are. Here are few things that may help you decide your next step -
1) If the difference in salaries is huge, then your employer might crack a great deal by "forcing" you to accept SW position (and might do the same even after getting a GC at which time you are mandated by virtue of GC to work for the employer in the SAME job).
2) Assuming you give up to your employer's tactics, accept SW position starting from today, get a green card after 3/4/5/... years (EB2??), what would you have gained? I say you would have lost that many years of product manager's xp, salary and many other perks related to the job. If on the other hand, you invoke AC21 and move to a different employer that's another story. But, what's the guarantee your employer would not revoke I-140 at that time?
3) If you are married and getting an EAD would help your spouse, then accepting SW now may be ok, for your spouse can utilize EAD.

If your top priority is money and earn a lot now, think twice what you do with your GC. You already have great work xp that can fetch you job anywhere. Moreover, Indian economy is surging and by the time you get your GC (3/4/5 years) you would find it a great place to work (and it already is).

I am in no way discouraging you from what you intend to do, but depicting an outsider's view of your situation. You may be too involved in the problem that you loose the guts of it.

Good luck.


vsreeniv said:
thank a lot guys for the positive response....
my attorney came back and said that they will not go ahead with my filing. So I am screwed. They said that they will file only if I move back to a software engr position and need to remain in that position till I get the greencard. (wait time of 3 years atleast).
Click to expand...
 
first of all...i am working for a big company and salary is not the issue here. the issue is that of "honesty" and an incompetent lawyer. we told the lawyer that i have moved over to a product mgr role in all honesty and thats where the problem started. I am unfortunately stuck with a "play by the book" lawyer.
If i look at invoking AC21, i need to be in a software engr role which is not something of interest to me now. Also i do not want to lose 3/4/5 years of my experience as product manager.
 
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