changing careers after I-140 and still keep the priority date


ivar_m

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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 ? 

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  • 4 weeks later...

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.

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  • 4 weeks later...

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

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  • 2 months later...

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!

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