With EAD/I-485 pending: must be same/ similar job ?

B

bob_truthteller

New Member
Hi,

Let's say someone is layed off 4 months after applying for I-140/I-485 (concurrent), as well as for EAD. After 180 day period, with I-140 approved, and an EAD approved, can he/she work in any job category for I-485 portability ? Does it give more flexibility than using H1B or same rules as far as new job ? EXample: layed off engineer who wants to switch to teaching.
I mean is the portability only valid if job is same/similar, even with EAD or just if use H1B ?

THanks.
 
bob_truthteller said:
I mean is the portability only valid if job is same/similar, even with EAD or just if use H1B ?
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What you do until the I-485 is approved is irrelevant. You can flip burgers at McDonalds if you want. However, at the I-485 ajudication, the new job MUST be in a same or similar field.
 
Hmmm .. How similar ?

Dear Fellow Canadian,

How similar is teaching in a collge and working as a software engineer ? Meaning, of course, from USCIS point of view. Let's talk probabilities.

I wonder though what my status looks like while layed off, looking for work, and not having had I-140 approved yet, and < 180 days after I-485 ? Any cluses ?

Thanks.
 
bob_truthteller said:
How similar is teaching in a collge and working as a software engineer ? Meaning, of course, from USCIS point of view. Let's talk probabilities.
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It depends what you will be teaching. If it's not software design, I'd be really pessimistic on your chances.

I wonder though what my status looks like while layed off, looking for work, and not having had I-140 approved yet, and < 180 days after I-485?
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If the employer withdraws the I-140 or USCIS kicks back an RFE, then the I-485 will be dead.
 
It does not matter what he is teaching...

In taught for 9 years software development and for personal reasons moved to work as a software developer, truly thought that it was the same field. My I485 was pending for well over 3 years. In April 2005, my I-485 was denied because my new position was not in the same field. In June of 2005 I went back to work for the same school I taught and had to wait until October to refile I485. Now I was allowed to do that because my PD was from 1998 and I was able to use 245i. Filed my I485 in October and received my GC in January 2006. Never got an RFE this time, just one day I got the e-mail with the aproval and a week later the GC in the mail. Never missed a day of work.
I paid my $1000 and only had short moment of worry. My EAD was to expire Jan 15 2006. When I filed for my I-485 in October I also applied to renew my EAD. I got my EAD for Christmas...but with wrong dates. Returned the EAD never got it back...and a week after receiving the GC got a letter from USCIS with the denial of the EAD on the grounds that a PR does not need an EAD to work.
My whole process was done between me and the HR person from the school I work at. We never used an attorney and had only one error.

TheRealCanadian said:
It depends what you will be teaching. If it's not software design, I'd be really pessimistic on your chances.



If the employer withdraws the I-140 or USCIS kicks back an RFE, then the I-485 will be dead.
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similar jobs

they will compare the job description on ur labor certification with the job description of ur new job to determine similar jobs for portability. hope that helps.
 
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