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shaa

PD current - Individual contributor to Managerial role

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Hi All,
My PD ( Sept 2009, EB2) is current for more than a month now but no RFE yet from USCIS .
I applied GC in 2009 as an Individual contributor and now I have an offer from new employer for engineering managerial role.   

This is a great opportunity which wont wait until I get green card. Looking at the current processing speeds, I think its going to take
at least 2 months to get green card in hand ( assuming all goes smooth)

So I was wondering by accepting this offer as a manager from a new employer am I taking a big risk ? Especially when its a new employer.

Per AC21 statements ( pasted below) from USICS , to me it seems safe to accept managerial role  for following reasons. 

-My I485 is pending for more than 7 years
- It would be a normal career progression for me where I will be managing engineers from the same field.

- AC21 lets you change employers as well

Following is pasted form USCIS website.

https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21

If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether the original and the new positions are in the same or similar occupational classifications. Further, if you move into a managerial or supervisory role and establish that the new position involves managing the same or similar occupational classifications as your original position, USCIS may treat such evidence favorably. 

You may still be eligible for 204(j) portability if you are able to establish through a preponderance of the evidence that your job change reflects a normal career progression, even if you are not managing anyone whose job is in the same or similar occupational classification as your position, if you can demonstrate that you are performing or overseeing some of the same types of duties or functions that are associated with your original position. 

 

 

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Its not EB2NIW , 12 years ago when PERM was approved it was for ' engineer' and new the role is 'engineering manager'

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