Urgent !!!!! Need to change emploer using AC21 - but Different Job titles/Desc

[suresh_komar]

I am planning to change job after 180 days, joining
client.( am already working on EAD for my current employer as he has withdrawn my H1 and switched me over to EAD) As you all know that AC-21 rule says: should be "same or similar" classification to switch employers.

My Case is quite different:
Client I am working for wants to hire me but doesn't want to wait till I get my GC. The job title & salary which is mentioned in my
original I 485 are going to be different than what my client is offering me.
Issues:
1)-When I joined my original Company I joined as Programmer Analyst but b'cos of the bad economy I had to take QA position (which was supposed to short term till they find something in my area) . But when my company applied for my GC they mentioned Software Engineer as Title and description is really generalized like "design , development of software ..analyze software requirement and direct software testing procedures , programming and documentation" . ( This info I got from the employer letter they included in I 485 which I guess would be similar to LC – they are reluctant to provide me with a copy of LC ) . But b'cos of bad economy I had to stretch the QA
job and now my client wants me join them ASAP. And I know my company would lay me off as soon i am in bench.
-2) The salary my original employer mentioned in that Employment letter is much higher ( difference of 30k) than my current salary which they are paying me from last couple of years( last 2 W2's has this current salary). And to add to it the salary I am being offered is less than my current salary but with relocation. ( The salary for that position meets the trend in that area)

- My question to the guru's in this forum are:

- In your opinion should I take this offer ( I am inclined to take it as original Employer would lay me off , than I would be without a
job and continuance of my GC would be difficult .Something is better than nothing.

- What are the procedure for changing AC21. I know the basic part....but stuff I need info is :
I need to assign a new law firm ,b;cos my old employer attorney would withdraw once I leave them So along with AR 11 and G 28 form do I really need to inform INS of change of employment. ( I was thinking not to disturb the GC process and get a RFE generated ) But at time of stamping would they ask me if I am with original sponsoring company and if not why I didn't inform INS when i changed.

- I am not sure if I can get a tailored employment letter( title and description similar as LC) from my new client, if I can't get it would the employment letter what they give me cause any problems.
-Would it be better to get attorney of reputed stature or get a attorney who is local.
-And last what all documents I need to get from old employee ( like No objection letter and reference letter ..? )
-What would be a contingency plan if the GC has some problems , can I apply a new H1 with this client?

I wouldappreciate a quick reply as I need to inform my client about my decision in couple of days. Seems like I am standing on a very thin line..the thin line which separates me from being prudent and being paranoid :-/

 

[jaxen]

answers...

1. U could go ahead at take the offer. Even a QA job has design, analysis etc. right?? heard of the word spin??

2. Salary increase is ok. There is nothing wrong in getting promoted to higher paying job as long as the responsibilities are similar.

3. Right now, have to wait for RFE or for new regulations from INS about contacting INS about new job/employer.

4. Get somebody you are comfortable with.

5. See an earlier thread titled action items for required documentation

6. U can apply h1 thru your new employer

 

[suresh_komar]

Thanks

Thx a ton for all the useful information

One more thing....
Acutally my salary has reduced.
here are the details :

My current salary is $ X

Salary mentioned in LC is $ (X + 30)

And the salary offered by new client is $(X-10).

So there is total difference of 40 K between what is mentioned in my LC and what my Client has offered me. Would this cause any problems if I changed my employer using AC21.

 

[Rastamandrum]

Suresh,
With regard to the salary, what I have heard is that the main concern of the INS would be whether you would become a "public charge" ie: the state should not have to support you as a result of lack of funds. I am guessing that even though your salary has decreased substantially, it still should be enough to eke out a living...as always check with a competent lawyer for a precise answer to this question. I do not think there is any stipulation in AC21 regarding salary per say...the type of job however is more important. You are going to have to persuade your employer to frame the job title in such a way that it looks reasonably similar to your description in labor/140.