Urgent need help: Can new company apply for new I-140?

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defunk

Registered Users (C)
Guys...

I am currently under going AOS. I-140, AP, and EAD have been approved and it has been 180 days since the filling of 485.

I have another job offer from another company that basically the same with my previous occupation, the only difference is the title of the job (from environmental engineer to environmental specialist). The salary will be higher.

Here is my questions:
1. Will this consider as the same/similar job even though the title is different under AC21?

2. Can the new company apply for another I-140 and use the previously approved labor certification and choose CP instead of AOS?

3. If the answer to No. 2 is yes, does it mean that when the new company apply for a new I-140, my AOS will not be considered valid and therefore the EAD and AP are not valid and cannot be used?

Defunk
 
1. Will this consider as the same/similar job even though the title is different under AC21?

Tricky matter to convince INS that the two jobs are the same unless you can produce a letter of explanation from the company which states that an Environmental Specialist is just a natural progression from Environmental Engineer, and a "Specialist" does pretty much the same work as an "Engineer", but with added responsibilities. If you can get your hiring manager to come up with a letter as stated above then it shouldn't matter. (I don't think producing a letter like that should be very difficult).

The question is do you plan to file for AC21? Or will you be filing for it after/if you get your RFE?

2. Can the new company apply for another I-140 and use the previously approved labor certification and choose CP instead of AOS?

No, the labor certificate & 140 are the property of the hiring company. If you hadn't crossed the 180 day period for 485, they could have withdrawn both and given it to one of your colleagues.

Good luck and congratulations.
 
thanks for your reply

What is the difference between notifying BCIS right after the acceptance of the job or wait after RFE is issued?
 
Not much of a difference other than the fact that in case they don't send you a RFE, then there is no need to complicate your case by putting in more papers and giving them the opportunity to screw up! :)

Basically you just side step the entire issue of you currently being a "Specialist" as compared to being an "Engineer" at the time of your application! :)

Offcourse your lawyer is the best person to answer this question, on whether he wants to file AC21 or not, I would go by his/her opinion on this issue.
 
O*NET job codes

AC21 can be used if the new job is in the
"same or similar job classification"

Here's the O*Net online database of occupations

I see:
17-3025.00 Environmental Engineering Technicians
17-2081.00 Environmental Engineers
19-4091.00 Environmental Science and Protection Technicians, Including Health
19-2041.00 Environmental Scientists and Specialists, Including Health

Tread carefully
 
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