Job change using EAD with I-485 pending


ihaveaquestion1977

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Hi,

I need some advice on job change using EAD. Here is a brief desription of my situation.

I currently have Employement Authorization Card and my I-485 has been pending for more than 180 days. I am planning to change my job based on my EAD. I understand that to be able to legally change my job on EAD, my job title and job duties as described in my Labor Certification & I-140 application forms should match the job title and job duties of the new job. Now, since I do not have a copy of either my Labor Certification or my I-140 application forms, I do not have anything to compare my new job title and job duties against. When I asked my employer to provide me with the same, they refused saying that the I-140 & Labor Certification forms are company owned and will not be given to the employee.

Could you please let me know what should I do in this situation? Is there an alternate way to getting these documents from the USCIS? Or is there any other document I can use to know the current job title & job duties and use it to change my job.

Please let me know.

Thanks,
Ihaveqquestion

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"I understand that to be able to legally change my job on EAD, my job title and job duties as described in my Labor Certification & I-140 application forms should match the job title and job duties of the new job."

 

That's incorrect. You can take ANY job on EAD. I would not recommend working as a prostitute/escort on EAD because of possible moral turpitude complications even if the job is legal (in NV), but you'd still be legally authorized to do that job.

 

You only need the job to be similar if you want to claim AC21 portability. Again, it does not have to be exactly the same - just similar.

 

Now, don't you know what your job was? It's not really possible to do the job and not know what it is, right?

 

"Is there an alternate way to getting these documents from the USCIS?"

 

Who told you that you need to? Because you don't. All you need to do is show what your new job is, which is generally done through a job offer letter or a job verification letter.

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Let us consider the AC21 scenario only (I should have pharsed my initial question saying I want to be able to continue my green card with the new employer without having to redo the labor/I-140/I-485. When I mention this and say that I want to use my EAD, the only possible scenario I think is AC21).

 

I do know what my job is. I would not have been concerned if USCIS would go by what I say about my job description without asking for any documentary proof. But the fact (as far as I know) is that they look at the ETA 9089 & I-140 and compare it to the new job description. Now, the problem is the job description in most of the immigration forms are very generic (eg. coordinate with client manager, create software systems, resolve issues. etc) and I am sure mine is no exception. This being the case, even when two jobs are very similar, they can be stated very differently. On top of this, I think people working on cases in USCIS are not knowledgeble enough to know which jobs are silimar and which ones are not. So, to avoid any risk of they thinking the jobs are different, I thought it was important for us to have similar wordings in the job description for the old job and new job.

 

Having explained the above, I thought it was important for me to know the job description on my ETA 9089 or I-140 so that we are sure the wordings match enough for us to feel safe and go for the job change.

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Given me an example of how the same job can be stated very differently? Unless you are going from exclusively coding to exclusively teaching other people how to code (or exclusively selling the services), I don't see how it can be "very" different.

 

You don't really have to prove you are not a unicorn.

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