SECTION 1
Hi Friends, a few urgent high level specific questions regarding same/similar , AC21 intent, refiling, new PERM/I140 ?Please help out !!!
-------------------------------- Questions ---------------
1. Can I change my employer and current GC 'future' job from a Software Engineer (as in LCA/I140) as above to a Software Project Manager. The duties are similar in category (software engineering dept) but involve career progression/promotion and project leadership and directing software engineers versus directly doing software engineering/coding.
2. Does the new job at the new company have to be the intended post-Green card job (future job as required as the underlying basis of the GC process) . Or they new company has to indicate a future offer (after GC approval) which is separate from the new job (after Ac21 port).
3. Is it possible that I work for new employer B as (Software Project /Program Manager) before GC approval using my H1B /EAD and at the time of approval of the AOS petition or after, I can revert to a "same/similar" job as per my I140 ie Software Engineer. A currently pending offer is copied below at the end of this email for job duties for same/similar determination and risk analysis.
4. If the Software Project Manager or SW Engineering Manager position's description is unlikely to be same/similar what alternative steps are advised. Could the new employer start a PERM application and how does it affect my H1B extension status and my current I-485 AOS status ? Can the PD be retained (interfiling) in this case ?
5. What are the risks if my current employer disrupts the AOS application. They plan to withdraw i140 according to verbal discussions with their immigration dept. Not sure if this is a veiled threat not to seek employment outside. They have indicated on general conference calls that they may send a note to the USCIS that they no longer represent the client. I am not sure why they may withdraw the 140 as there is no motive left since the 180 days period is over. This is not known or evident but difficult to ask the employer what actions will be taken by the law firm if I voluntarily resign and move to a different employer fearing and being proactive in face of impending layoffs.
6. Is there any issue in transferring my H1B to the new employer and what is the risk in case they disrupt the AOS or the 485 process - in case they can or will do that. Will that be transferred for 3 years since my 140 is approved.
7. If I switch to a H1B and my wife leaves her current job or is impacted by currently on going Employer A layoffs , can she transfer to my extension H1B as a H4 ? Is there a stipulated time period under which she has to seek and start a new employment under AC21 to continue her AOS process ?
8 Can a letter from Employer A (from a friendly manager ) stating that future offer is open even if i leave my current job help or be valid to maintaing ongoing GC /AOS process ?
9 Can a different law firm take representation of I485 over from my employer's lawyer and what are the risks, benefits ?
SECTION 2
CURRENT 'FUTURE' LCA/I140 JOB :
a. Job Code : (15-1032)
b. Description and Title :
SOFTWARE ENGINEER - Perform software engineering design, coding, testing and documentation for firm software systems in conjunction with hardware product development for the electronic communications industry. Perform modeling, designing, and coding activities, employing structured methods. Prepare design documentation for all levels of the software development process. Create and execute unit, integration, system, load and acceptance test plans and scripts. Analyze software requirements to determine feasibility of design within time and cost constraints. Use software system testing procedures, and document results. Utilize Object-oriented Analysis and Design and Computer Architecture.
SECTION 3
-------------------- Pending Job offer with Different Employer -----------
Title : Software Project Manager
Primary Responsibilities
In your role as Software Project Manager you will own and manage the schedules for multiple projects. Your responsibilities will include:
1. Creating and managing detailed project schedules
2. Coordinating cross-functional team deliverables
3. Managing assigned projects according to plan
4. Ensuring tasks get done in a timely fashion
5. Keeping all stakeholders fully informed of project status and progress, and
6. Collaborating closely with product managers during the complete software development life cycle
Reporting to the Senior Project Manager, you will work closely with project and product managers, engineers and leads, as well as other functional groups. You will be responsible for ONTIME project completion and to communicate any delays to executive management.
http://www.immigrationportal.com/newreply.php?do=newreply&noquote=1&p=1883908
Reply
---------------------------- End --------------------------------
Hi Friends, a few urgent high level specific questions regarding same/similar , AC21 intent, refiling, new PERM/I140 ?Please help out !!!
-------------------------------- Questions ---------------
1. Can I change my employer and current GC 'future' job from a Software Engineer (as in LCA/I140) as above to a Software Project Manager. The duties are similar in category (software engineering dept) but involve career progression/promotion and project leadership and directing software engineers versus directly doing software engineering/coding.
2. Does the new job at the new company have to be the intended post-Green card job (future job as required as the underlying basis of the GC process) . Or they new company has to indicate a future offer (after GC approval) which is separate from the new job (after Ac21 port).
3. Is it possible that I work for new employer B as (Software Project /Program Manager) before GC approval using my H1B /EAD and at the time of approval of the AOS petition or after, I can revert to a "same/similar" job as per my I140 ie Software Engineer. A currently pending offer is copied below at the end of this email for job duties for same/similar determination and risk analysis.
4. If the Software Project Manager or SW Engineering Manager position's description is unlikely to be same/similar what alternative steps are advised. Could the new employer start a PERM application and how does it affect my H1B extension status and my current I-485 AOS status ? Can the PD be retained (interfiling) in this case ?
5. What are the risks if my current employer disrupts the AOS application. They plan to withdraw i140 according to verbal discussions with their immigration dept. Not sure if this is a veiled threat not to seek employment outside. They have indicated on general conference calls that they may send a note to the USCIS that they no longer represent the client. I am not sure why they may withdraw the 140 as there is no motive left since the 180 days period is over. This is not known or evident but difficult to ask the employer what actions will be taken by the law firm if I voluntarily resign and move to a different employer fearing and being proactive in face of impending layoffs.
6. Is there any issue in transferring my H1B to the new employer and what is the risk in case they disrupt the AOS or the 485 process - in case they can or will do that. Will that be transferred for 3 years since my 140 is approved.
7. If I switch to a H1B and my wife leaves her current job or is impacted by currently on going Employer A layoffs , can she transfer to my extension H1B as a H4 ? Is there a stipulated time period under which she has to seek and start a new employment under AC21 to continue her AOS process ?
8 Can a letter from Employer A (from a friendly manager ) stating that future offer is open even if i leave my current job help or be valid to maintaing ongoing GC /AOS process ?
9 Can a different law firm take representation of I485 over from my employer's lawyer and what are the risks, benefits ?
SECTION 2
CURRENT 'FUTURE' LCA/I140 JOB :
a. Job Code : (15-1032)
b. Description and Title :
SOFTWARE ENGINEER - Perform software engineering design, coding, testing and documentation for firm software systems in conjunction with hardware product development for the electronic communications industry. Perform modeling, designing, and coding activities, employing structured methods. Prepare design documentation for all levels of the software development process. Create and execute unit, integration, system, load and acceptance test plans and scripts. Analyze software requirements to determine feasibility of design within time and cost constraints. Use software system testing procedures, and document results. Utilize Object-oriented Analysis and Design and Computer Architecture.
SECTION 3
-------------------- Pending Job offer with Different Employer -----------
Title : Software Project Manager
Primary Responsibilities
In your role as Software Project Manager you will own and manage the schedules for multiple projects. Your responsibilities will include:
1. Creating and managing detailed project schedules
2. Coordinating cross-functional team deliverables
3. Managing assigned projects according to plan
4. Ensuring tasks get done in a timely fashion
5. Keeping all stakeholders fully informed of project status and progress, and
6. Collaborating closely with product managers during the complete software development life cycle
Reporting to the Senior Project Manager, you will work closely with project and product managers, engineers and leads, as well as other functional groups. You will be responsible for ONTIME project completion and to communicate any delays to executive management.
http://www.immigrationportal.com/newreply.php?do=newreply&noquote=1&p=1883908
Reply
---------------------------- End --------------------------------
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