<urgent advice needed>

D

damini

Registered Users (C)
hi...I am changing employers due to various reasons. I have two job offers I am trying to decide between. The first job offer is similar to my current job and the work is similar, but I will be a consultant. The second job is less technical and more data/financial analysis and creating and managing reports and access databases. I would really like to take the second job, and I can get the employer to change the job title to Data Analyst.

Are there any risks associated with that. I haven't received my I-140 yet(concurrent filing>180days) ? Please advice as to whether the job needs to be the exact same as the current job

Thanks much...I need to decide by tomorrow so I would appreciate a quick response. and sorry about posting it in the wrong forum earlier !
 
There are risk's associated with changing jobs without I140 approval even if 180 days have passed since 485 was filed. Conservative view is to stick with the employer till 140 is approved,as lately INS directive indicates thats. Also if the i140 is not approved employer can withdraw application anytime.
But again,talk to a good lawyer before you decide to change.
 
<don't have an option>

do either of you guys mind sending me your email so I can send my specifics offline.. Shanmughamm..the letter that you attached..could you elaborate on the particular case..I saw that it was a concurrent processing..but why did you have to use ac21...was it because the previous employer had withdrawn the i-140 petition..?
 
damini:

you can only use AC21 under two conditions according to USCIS:

1. 140 is approved
2. 485 is pending over 180 days

if you have to take the risk, i suggest you take the job similar to your current job.
 
on a separate note --- Thanks a bunch to Shanmugam for posting ur letter --- THAT SHOULD CLARIFY A LOT for future 140-485 applicants ---- it's enough that we went through so much confusion whether we could change job or not before 140 approval
 
just fyi

this letter has been posted long time back by others also, this is their standard reply they send.

the point is if you are in a situation where you can't just avoid taking up another job, i guess you have to go for it and than convince USCIS that the job is in the same field later.

its not recommendable without a 140 approval but very soon i might have to land up doing the same thing too , so well all the best.

this concurrent processing has put a lot of people in a mess.
 
Shanmugam,

Thank you for posting it. It would be nice to have this this posting on top so that many of us will be noticed very quickly. I will post a new thread for this.
 
iknowitall

As long as everyone is clear that as per USCIS latest opinions- they cannot change jobs before I-140 approval - that's good.

If someone does change before I-140, they r doing so at their own risk (as u pointed out)- not something suggested by lawyers or by USCIS

Most of us are clear on the above - but i know a few folks have earlier in this forum encouraged job change before I-140 approval - because of USCIS loopholes and absence of official info from USCIS. The above shanmugam letter proves otherwise. I know some new folks upon reading 'positive info' in this forum -'assumed' job change of same category without I-140 approval is less risky and not that problematic etc and went ahead - not sure what their status is

sometimes truth however bitter might be - is better than 'sweet assumptions' - especially with something very important.

anyway - hope u get ur 140 approval soon, good luck
 
<Thanks>

Thanks everyone for your advice and for your good wishes... Am hoping my i-140 gets approved quickly !
 
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