manoflogan Posted August 30, 2013 Report Share Posted August 30, 2013 Hi, I have got an offer from the another company that is willing to transfer over my pending green card application and H1-B. On the H1-B application, my title is programmer analyst. But on my labor certification, it is listed as software engineer. Will that be a problem? Please advise. I know that some might say why leave now, but the new company is offering a raise of 35K more in annual salary. My priority date is August 1 2008 EB2. Link to comment
Belle Posted August 30, 2013 Report Share Posted August 30, 2013 Which job are you talking about old job vs old LC or new job vs old LC? Link to comment
Attorney_15 Posted September 4, 2013 Report Share Posted September 4, 2013 The law does not require a person to be working on H-1B in the Green Card job. While people are commonly sponsored for a Green Card to work in their H-1B job, this not required. So, when seeking to port using AC21 Green Card portability, the relevant job against which the new job is being compared is the Green Card job. One is generally well-served by maintaining H-1B status when porting to a new job but using an EAD Card is generally permissible. Link to comment
manoflogan Posted September 6, 2013 Author Report Share Posted September 6, 2013 @Belle - Current job vs Current LC. @Attorney_15: Thank you for clarifying. My old job has my job description as Systems Analyst but my LC application has my job as "Software Engineer". I will be trying to maintain H1-B status for my porting application. What would you advise? I have another question: The new company asked the following question: Has your candidate been sponsored through a permanent process via his current or previous employer? If so what stage has been completed PERM? I-140? My current company filed for my green card. I don't know how to answer the second part of the question (regarding the stage). I am still on H1-B but I got my EAD when the my priority date became current in early 2012. Any advice would be gratefully appreciated. Thanks, Link to comment
Attorney_15 Posted September 13, 2013 Report Share Posted September 13, 2013 The Murthy Forum is a public venue for general information about U.S. immigration law. If someone needs legal advice from an attorney, a consultation should be arranged with a knowledgable attorney who can address the person's questions and concerns. Link to comment
Belle Posted September 13, 2013 Report Share Posted September 13, 2013 The fact that your employment position and green card position don't match is not a big deal. There is really nothing different for you in this case. If you are trying to use AC21, then the new job needs to be similar to the job you were sponsored for, i.e. the job on your LC. That's the rule for everyone, including you. H1 is not impacted in any way by the discrepancy. Link to comment
Belle Posted September 16, 2013 Report Share Posted September 16, 2013 If you got the EAD, it means that I-485 has been filed, which also means the LC has been approved, and I-140 filed. Link to comment
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