Switching to academia from industry?

C

chi-square

New Member
Hi,

I've been recently offered an assistant professor position at a state university. My 140 was approved and my 485 has been > 180 days through my current employment as a research engineer at a company. Could I still use AC21 to continue my 485 case if I move to academia? I know the job title is quite different, but I will continue to do research in a similar area (in addition to teaching) if I accept this position. Thanks for you help in advance.

Chi-square
 
chi-square said:
Hi,

I've been recently offered an assistant professor position at a state university. My 140 was approved and my 485 has been > 180 days through my current employment as a research engineer at a company. Could I still use AC21 to continue my 485 case if I move to academia? I know the job title is quite different, but I will continue to do research in a similar area (in addition to teaching) if I accept this position. Thanks for you help in advance.

Chi-square
Click to expand...

You cannot use AC-21 in your case as job title is different.
 
Chi-Square,

How is your job swithing? I am asking because I am in the same situation. I just wonder if you go with AC21 or not.

Best regards,
 
For AC21 the job should be 'similar' not same. Job is combination of title/description/salary etc- so if the combination is similar it works.
BCIS looks at this pretty broadly. Nobody (that I know)- has reported a horror story on this.
Good Luck. :D
 
Chi-Square,
sb_tiger is right.
So try to match it that would be okay also best consult with good lawyer too.

Thanks,
rb180
 
Xudongf,

I decided to join the university this fall. I'll try AC21, but to be on the safe side, I will get a new H1B (I am currently working with EAD).

I talked with an attorney at a well-known firm about my case. The attorney said it is worth trying as long as the new position requires research be important. The attorney also tried to convince me that I should file AC21 right now even before I start the new job in case my 485 case gets approved too soon before this fall? It is kind of weird that I shoud worry about being approved soon since I am not interested in citizenship.

cheers,

Chi-square
 
What has quick approval got to do with citizenship- you are getting way way way ahead of yourself. :confused:
 
chi-square said:
Xudongf,

I decided to join the university this fall. I'll try AC21, but to be on the safe side, I will get a new H1B (I am currently working with EAD).

I talked with an attorney at a well-known firm about my case. The attorney said it is worth trying as long as the new position requires research be important. The attorney also tried to convince me that I should file AC21 right now even before I start the new job in case my 485 case gets approved too soon before this fall? It is kind of weird that I shoud worry about being approved soon since I am not interested in citizenship.

cheers,

Chi-square
Click to expand...
You should definitely go for H1b visa. See job has to be of the same SOC code/DOT code for both the jobs. If they are different - it is a mismatch.

People have got success due to the fact that job codes were same or similar (in DOT code if first 3 digits match). You got to understand that if first 3 also do not match then you cannot expect anything from USCIS unless it is error! :D

The more numbers match - the better are chances for you. Here I see a definite mismatch of DOT codes, rest of the stuff - salary, job duty etc come after this. It is not a hit and trial of match and mismatch.

Could you please ask your lawyer what is your DOT code for LC and what would be DOT code for this position if someone files LC for it?
 
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sb_tiger said:
What has quick approval got to do with citizenship- you are getting way way way ahead of yourself. :confused:
Click to expand...

The attorney told me that there might be a problem during naturalization if the USCIS finds that I didn't work for the original company for more than 6 months after the approval.

Chi-square
 
Reply to Chi-Square

Chi-Square,

It seems you did not work for the company that helped you file I-140 (and I-485) for more than 180 days, is that right?
If so, you might lose your I-485. You might need to try a new H1-B

My case is I have been working for the company for nearly two years after I-485. I will also need to talk to the attorney to see if I can use AC21.

When is the Notice Date of your I-485?
 
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xudongf,

My I-485 was filed more than a year ago. What the attorney meant was that if my I-485 gets approved before I join the University this fall, I will be leaving the sponsoring company too soon after I get my green card.

Yes, you should consult a good attorney to discuss your case. My only concern is that some lawyers may try to convince us into AC21 to earn $$. Since I've already decided to join academia, I am going to try my luck on AC21 with a H1B back-up.

Best wishes to you.

Chi-square
 
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There is no requirement (none what so ever)- that you have to work for employer for 6 mo after 485. This is just a popular rumour/myth/old wife's tale. :p The only requirement is you not commit fraud in 485- changing employers is not committing fraud by any stretch of imagination.
HTH
 
Re:

jacquelina said:
hi there, we will be attempting the saem- a switch from working in University administration to a teachin postion within a university-but with very similar <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A> description.
We are due (HAHA) to be processed soon to when we move-is it better to wait for RFE after moving jobs or do as Chi-Square is and inform in advance- My attorney wants to do it in advance- but then again that might be for the cash rather than the benefit.

any advice???
Click to expand...

I called a lawyer (did not pay) and was told he would like to look at my case first and then if AC21 is applicable, he might want me to file in advance. Also he said I should transfer my case from Texas to Nebraska (as my new job under Nebraska jurisdiction)
 
To Chi-Square

Chi-Square,
I would like to check with you to see how you apply for H1-B for backup. Remember I have the same situation. Today I called a lawyer to have a paid consultation. He told me I could not go back with H1-B anymore (I used H1B from 01/01/2001 - 01/01/2004) as I am in immigration status. Since you are also using EAD under I-485 pending. I just wonder how you can H1-B issued. By the way, did you ever use H1B before?
Many thanks.

chi-square said:
xudongf,

My I-485 was filed more than a year ago. What the attorney meant was that if my I-485 gets approved before I join the University this fall, I will be leaving the sponsoring company too soon after I get my green card.

Yes, you should consult a good attorney to discuss your case. My only concern is that some lawyers may try to convince us into AC21 to earn $$. Since I've already decided to join academia, I am going to try my luck on AC21 with a H1B back-up.

Best wishes to you.

Chi-square
Click to expand...
 
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