I-485 pending; small issue with changing job


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I joined employer A in Feb 2006. Employer A filed my GC with the details provided below:

Priority Date: Jan 15th 2007

SOC Position: Software Applications Engineer (15-1031.00)

Duties mentioned in GC application:

Analysis, coding and design of computer applications for various software applications. Analyze user needs and develop software solutions. Identify the data collection required resulting in production of management information systems. Prepare workflow charts and diagrams to specify in detail operation to be performed by equipment and programs to integrate various legacy systems within existing systems. Build and develop the applications and interfaces accordingly to defined hardware to include appropriate and relative databases, interfaces, hardware and software modifications and technical programming modifications.

I filed I-485 in July 2007. In Feb 2010 employer A was not able to find a project for a while so I decided to move and joined employer B. I requested for Employment Verification Letter from Employer B to submit my AC21 case after joining. They provided me with a letter which has details as below:

Designation: Project Manager

Duties:

Analysis, coding and design of computer applications for various software applications. Analyze user needs and develop software solutions. Identify the data collection required resulting in production of management information systems. Prepare workflow charts and diagrams to specify in detail operation to be performed by equipment and programs to integrate various legacy systems within existing systems. Build and develop the applications and interfaces accordingly to defined hardware to include appropriate and relative databases, interfaces, hardware and software modifications and technical programming modifications.

Now as shown above, the Duties in new job are matching with the duties mentioned in GC application. However my attorney was not comfortable with the designation of Project Manager. So I consulted the HR of company B stating them that they should change my designation as it is not acceptable for GC application. They stated it is not possible for them to change the designation however based on the duties I am doing, they issued me another letter which states as below:

“This letter will serve to confirm that B Inc. employs Mr. Zeal2005 (Emp ID - 12345) in a full-time capacity operating from the United States of America. As a part of his job responsibilities, Mr. zeal2005 is currently performing the role of a Business Analyst, while designated as Project Manager as per our internal designation structure. He is employed with us from February 1, 2010 till date.

This letter is being issued for the purpose of verification for his Green Card Filing and as a

supporting document confirming his role, and the designation within the Organization.

This has been issued at his special request.

We request you to contact the undersigned should your office require any further information.â€

Now I have received this new letter just 2 weeks back. I am still waiting for the feedback from my attorney on this new letter. In all this follow up at different levels, lot of time has passed by and I was not able to submit my AC21 as of today even after joining employer B about 1.5 years back. Meanwhile my PD has become current as of July visa bulletin. Now I have questions for you as below:

1. Does it make sense to file AC21 now at this stage when PD has become current?

2. Do you think based on the above two letters that employer B issued, USCIS will still have concerns on my I-485 application? Do you think the application will get approved without any issues?

3. I am not doing any Project Management activities as of now. I am an independent contributor and the new role with Employer B is 100% same as what I was doing with Employer A. If USCIS does not get convinced with the above 2 letters, what would be the option you think to convince them?

4. As you know I have not filed AC21 case, would USCIS know that I have changed my employer?

5. Do they raise RFE for each every candidate that did not file AC21? Or they just randomly pick up any application?

6. What would be the % of applicants that get RFE?

7. Do you have any suggestions for me in this scenario?

8. This is a question for attorney of Murhty firm. Would you be able to present this case successfully if I decide to change my attorney?

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