Change of employer - current PD (Sept'07) and approved I140.

[floydfan_79]

Hello All,

I aplogize for the post incase had been asked already!

My question to the pundits is:

If I change my current role and refile my perm+ concurrent I140/I485

- will change of job description be an issue eg., Risk (retail industry) to Risk (derivatives industry)?

My info:

I140 - PD Sept'07 - Approved

I485 - eligibile to apply.

Are there any cases where people have changed industry at the final stage and been successful/ faced any issues while refiling paperwork?

Thank you in advance.

[Belle]

You are not changing the process in the final stage. You are starting a whole new one. You can start a new process in ANY profession whatsoever, even a completely unrelated one. I don't understand why you have concerns.

[floydfan_79]

Thank you for the reply.

The concern is:

If I change my employer (contingent on if I eventually get the offer in a completely different area than my current role) I would have to start PERM - I am assuming the new PERM would mean new job description/qualification needs to be stated and this would be different from my current work profile. This new paperwork filing within a different work area is nerve wrecking specially when I have current I485 (Sept'07 EB2).

My current employer is shutting doors by Q1'12 and I have decided to wait to file I485. Hence the above question.

[floydfan_79]

Hello again,

Just an update and another question:

I have send my paperwork and expected that it would be filed first thing next week (Dec'4th) - I read this from **** forum that switching companies while I485 application within 180days is possible. My question is has anyone been through that and what additional paperwork do I have to file when I switch employment within 180 days of application?

I already know that you cannot switch roles before 180 days so thank you in advance for all those who would reply with that very point,I am only keen on knowing the risk when someone switchs job after applying I485 and jump before 180 days?

Thank you in advance,

Newbie!

EB2; PD Sept'07;

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Question #1:Hi. In my case I changed jobs about 1 month after filing my I-485 because my employer went out of business. That happened 10 months ago. My I-140 was approved prior to filing I-485 and to the best of my knowledge my previous employer hasn't withdrawn it. What worries me is the wording "I-140 immigrant petition shall remain valid when an alien changes jobs, if the I-485 has been filed and remained unadjudicated for 180 days or more." At the time of changing jobs the I-485 hadn't been pending for 180 days yet. So, is my I-485 still valid? If it is, what documents should I file with the BCIS to prove that my current job is the same as the one before? How soon after changing jobs must I do it? Are there precedents, in which a green card has been denied in cases like mine?

****: Good question. There is a lot of confusion, not only among immigrants, but among immigration attorneys as well, as to the meaning of the 180-day rule. It is not necessary for you to remain with your initial employer for 180 days or more after the I-485 is submitted. What is important is that the I-485 not be adjudicated during the first 180 days after submission. In your case, it has been over 10 months since the I-485 was submitted, so the 180-day portability rule applies.

You must supply the USCIS with two documents. The first document is a letter, stating that, at the time you submitted the I-485, it was your intention to remain with your initial employer indefinitely. The second document is a letter from your new employer stating that your new job is the same or similar to the job for which your labor certification and visa petition were approved. These letters may be submitted at any time, but the process is much smoother if they are submitted before you receive any notification regarding your application, from the USCIS.

The employer letter should contain the job title, job description and salary of the new job. To determine whether the new job is the same or similar to the old job, the USCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with USCIS headquarters. **********.com links to the memo at http://**********.com and to the DOT and the O*NET from http://**********.com/.

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[Belle]

Thank you for the reply.

The concern is:

This new paperwork filing within a different work area is nerve wrecking specially when I have current I485 (Sept'07 EB2).

Why? It is absolutely positively definitely better to have two I-140s than to have one. Regardless of whether they are in related areas or not.

It's not clear at this point whether you qualify for AC21 portability or even whether you will need it. I am going to suggest you talk to a lawyer about your particular situation.