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EB3_Victim

New Job- New Role - AC21 portability - VERY URGENT

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Hi,

MS in CS from US.

EB3- nov 2004, (as Programmer Analyst)

Working only on EAD on since 2007. No H1B renewal since 2010.

New EB2- labor - approved, 2012 (As software Engineer)

New EB2- I140 - approved, 2012

Dates Ported to Nov 2004.

Interfiling done.

Waiting waiting and waiting to get current and hoping everything goes fine.

I have accepted a new Job. Its in same field(s/w developement, services and even technology) but in my Role its design, development and strategy but it also includes

Business Development and Account Management so compensation has base + commission listed in my offer letter and showing as role needs getting new clients, sales but its all in IT services along with Development, coding, strategy etc.

New company lawyer says AC21 should be fine but are there any concerns some one has faced in situation like this.

Please suggest.

Thanks

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Attorneys,

Please respond.

In my case one attorney is saying its OK and another one saying its role and resposibility is different and salary is high(since it has commission component).

Its bascially moving from

Software engineer position (as filed in Labor) to Technical Account Manager(sales + development role)

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This is a complicated question that requires a discussion to answer fully. Please schedule a consult with an attorney at the Murthy Law Firm to discuss this issue. Additionally, you will want to inform the attorney you speak with whether or not the interfiling request was filed while your priority date was current and if this new position is with the same employer who filed your EB2 petition, or with a different employer.

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Hello Attorney,

This position is with different employer.

I recently file Interfiling request on Feb 5th and yesterday when I call them they said still my I1485 is showing 2 I40s. One from EB3 and one from EB2..

What is your concern about interfiling?

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could some one please explain what could be the issue about interfile?

Attorney 22 has written something which i am not sure

"you will want to inform the attorney you speak with whether or not the interfiling request was filed while your priority date was current and if this new position is with the same employer who filed your EB2 petition, or with a different employer."

We did file Interfile but when I checked with Immigration level 2 officer, he said he can see 2 I-140(one for eb3 and one of EB2) ...thats all.

My company is NOT going to revoke my I140 for Eb2 ...I want to understand what issue could be if we have requested for interfile and its less than 180 days.

Its urgent because I am looking to start new job in 1 week.

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Specific legal advice cannot be given on the Murthy Forum - a public forum. An individual who is seeking or requires advice from a lawyer must contact an attorney directly to speak to him or her privately to obtain advice.

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EB3_Victim,

If you wish to schedule a consultation, please call our office at 410.356.5440 and one of the receptionists will be happy to assist you.

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