what will be my I485 status??

[rsimhadri]

Hi All,

Here is my info:

I am working for the same consulting company "A" who sponsered my GC, ofcourse i am paying for all immigration charges and processing fee. My Labor PD is Jun' 03, I-140 approved and I-485 pending since 2 yrs. I have got EAD and AP once but did not extended as I was not using it. I am still on H1B as I got married recently and my wife is on H4. Assuming the title on the labor is "Programmer Analyst" and duties are related to Development. Also my employer may not revoke the approved I-140.

Situation now is:

I got a pretty good offer from my dream company "B", but not sure whether I can accept it or not due to title mismatch and duties mismatch. Title here will be "Development Support Engineer" i guess. But I will be working with the same skill set. Also the salary offered now is 40% high. I may not get the same title as this company is really a big company.

So my queestions are:

1. Do I really need to invoke AC21??

2. Is it possible that Company A can continue processing GC? May be i can
say I will join company A after I get my GC as its for future employment.

3. What will be my I-485 status if I don't invoke AC21?

4. do we get RFE on ability to pay for I-485? my understanding is its purely for adjusting status.

5. Does it anyway delay my GC process??

Gurus please share your ideas, as I am really excited to join this company B which is my dream since i started my career here in USA. What are my options??

Thanks,
Raj.

 

[TheRealCanadian]

Title here will be "Development Support Engineer" i guess. But I will be working with the same skill set. Also the salary offered now is 40% high. I may not get the same title as this company is really a big company.

If the duties are the same, then it's a good fit for AC21.

Do I really need to invoke AC21?? Is it possible that Company A can continue processing GC? May be i can say I will join company A after I get my GC as its for future employment.

But then once your GC is approved you will need to quit company B and go back to company A. You should tell the truth and tell USCIS what you intend to do.

What will be my I-485 status if I don't invoke AC21?

It will be pending until it is approved or denied.

do we get RFE on ability to pay for I-485? my understanding is its purely for adjusting status.

USCIS can always revisit any aspect of your eligbility. It is rare, though.

Gurus please share your ideas, as I am really excited to join this company B which is my dream since i started my career here in USA. What are my options??

If you want to join them and the duties are similar, then do so.

 

[rsimhadri]

need GC help...

Thanks for your answers real canadian....

i have one more question....please answer if possible.

Is it possible to apply for PERM labor, I-140 from company B and preserve my earlier PD from company A's labor??

If its possible does the PERM labor needs to have same title and duties too??

Thanks,
Raj.

 

[tammy2]

Thanks for your answers real canadian....

i have one more question....please answer if possible.

Is it possible to apply for PERM labor, I-140 from company B and preserve my earlier PD from company A's labor??

If its possible does the PERM labor needs to have same title and duties too??

Thanks,
Raj.

You can always apply from Company B. But If the Job responsibility matches you need not worry.
Al though it is not problem if you are worried about title just do not include that in the employment letter

There are so many cases approved with similar situation. Remember you are getting GC for job not for title.

 

[nato]

don't know much on AC21 but

if one is required to join back the sponsoring company once gc approved then what big deal, are u sure on that......

If the duties are the same, then it's a good fit for AC21.



But then once your GC is approved you will need to quit company B and go back to company A. You should tell the truth and tell USCIS what you intend to do.



It will be pending until it is approved or denied.



USCIS can always revisit any aspect of your eligbility. It is rare, though.



If you want to join them and the duties are similar, then do so.

 

[TheRealCanadian]

if one is required to join back the sponsoring company once gc approved then what big deal, are u sure on that......

Our original poster specifically raised the possibility of providing USCIS an employer letter from company A, despite his intent to work for company B. When you submit an employer letter to USCIS, you are proving that a) a job offer exists, and b) you intend to take it. They're not asking the employer for a letter, they're asking YOU.

In our original poster's case, if he intends to work for Company B and is eligible for AC21, then he should invoke it whenever USCIS asks and provide an employer letter from Company B, not A.