ivar_m Posted November 30, 2015 Report Share Posted November 30, 2015 I am a hardware engineer with May 2011 PD (EB2 category) and I am currently in my 7th year of H1B.When my company filed for my GC, The job description has all hardware engineering requirements. I have been working on some software projects in my current job and I was wondering if I can join a new company as a software engineer and still keep my priority date ? How much does the job description matter ? Should the new job profile be similar for AC21 portability ? What are the risks associated with changing the job profile at this stage ? Link to comment
ashuneel Posted December 23, 2015 Report Share Posted December 23, 2015 1. Job description matters only for new GC application. 2. similar job profile is also more important at the I -485 stage of GC where you can use AC21. Job profile while Changing job at this stage using AC21 is not that critical as a new H-1b will be filed and approval will be based on your qualifications. 3. No risks if you can show that you qualify for new job profile. Link to comment
puhrince Posted January 14, 2016 Report Share Posted January 14, 2016 Have a similar question but my career change is not just a change of skills but a completely different career. I have an approved I-140 with current PD. Petition was filed in old career (mech engineer) but since then have moved to Canada, changed careers (now in corporate/business mgmt) and am a Canadian citizen now. -- Can I use the approved I-140 to transfer to a different employer in the new career field? -- Also, since I am outside of US I have the case in NVC (consular processing route, not EAD) - TN status is an option for me to work in US but would like to move ahead with a green card instead, and then hopefully work on my own Link to comment
nikhil.00100 Posted April 4, 2016 Report Share Posted April 4, 2016 I am in a similar situation I work for firm A as a product engineer position (position 1). Firm A filed my PERM (EB-3 category) on April 4, 2016 which will be my priority date (PD1). I am currently 3.5 years in my H1B. I should be getting my I-140 approved by April 2017 when I will be 4.5 years in my H1B. After April 2017, I plan to apply for my wife's EAD which I should be getting latest by June 2017. Situation 1 - I get a new job in July 2017 with Firm B, and its a Senior corporate Finance position. - The requirements are a Masters Degree (MBA in Fin or M.Fin) and a few years of experience. - I satisfy both the requirements as I upgraded my skills by gaining a Masters in Finance during the period firm A had filed my PERM for the product engineer position. - I will ask firm B to start the H1B transfer (i-129 filing process) immediately after I get an offer letter before I quit my position in firm A. I understand the following - (a) Employer B need to start the PERM process immediately after I join. (b) Employer A will revoke I140 (by policy) within 60 days of me leaving the employer. In this case, 1. can I use PD1 and start working for Employer B? The job requirements for position 2 are different than that for position 1 for which employer A had filed the PERM and got an approved I-140. 2. Can my spouse retain her EAD, as long as employer B files PERM immediately after I join? 3. How does the H1B transfer work in the case I140 is approved in the 5th year of H1B. Does the firm B get to extend it only till the 6th year maxes out or can it extend it for 3 years from the joining date since my i140 is approved! Link to comment
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