PD Current - Same Employer/Different Title - What can i do?


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Thanks in advance for all valuable information.

My PD will be current on Nov 01. I 'm working for the same employer, but in a different title than my PERM application. I understand that an employment offer letter for the petitioned position is a requirement to file 485. If at all my employer agrees to provide one, when should i re-join my old position? at the time of filing 485, or when EAD is issued or when the actual GC is issued.

Re-filing is not an option, because the employer files only EB3 petitions!!!



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Actually, refiling may be an option because your employer may refile in EB3 again. You may have multiple immgrant petitions, in the same category, from the same employer, does not matter.

If you and your employer agree that you will work for them in your old position after your green card is approved, they may issue an employment letter to you, stating that your employment will commence upon your I-485 approval. Once the AOS is pending, you may want to consider refiling LC/I-140 or filing an AC21 reuqest after 180 days.

Also, if your titles are not that different, you may want to try filing with your current EVL.

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Thanks Belle,

My original petition was in EB2 and now the employer is filing only EB3 petitions. And, that's why i do not want to proceed the re-filing route. So, in essential, if i manage to get an employment letter for my old position, i need to join that position only when the actual 485 is approved, or when the card is issued, which might take at least 6 months to a year or even more? I'm on a critical project in my current role and do not want to jump positions now. Also, the title is different, however the job description is not that different.

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Here is my advice - get a job offer letter with "empolyment will commence upon approval of the adjustment of status" clause, and then see how it goes. The bottom line is that nobody is going to dig into your arrangment if you stay with the same employer. Another possible way to do it is probably to look into I-140 ammendment for the title. Since the requirements for the job seem to be very similar, it might be possible. I would cal an independent lawyer and ask this question.

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