Should I change job? EB3 with Mid 2005 Priority Date


Iwantgc

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I went thru most of the topics in this forum category. I can make some assumptions based on my reading but I thought of asking questions directly so be specific and clear. Here we go:

I am working for a large company ABC as a full time permanent employee since 2004. This company filed my GC (labor) in mid 2005 (priority date) in EB3 category. In 2007, I-I40 and I-485 filed and received I-140 approval within few months. Since then I am on EAD and AP.

  • At employment back in 2004, I joined as Advanced programmer/Analyst – hardcore technical Java/J2EE job duties and very specific to company’s systems as per my assessment of Job Description from Labor certification form.
  • Couple of years later I got promoted to Senior Developer with pretty much same job duties but more along the lines of leading development activities (call it Technical Lead or Project Lead).
  • Then couple of years back I got another promotion and since then I am working as IT - Project Manager. This role is still in IT but more on project management side and not into the technical details (development or design) as before. I also have direct report from a team of project resources.

Here are my questions:

  1. Should I file AC21 due to these internal promotions – mainly PM title while continuing employment with this company ABC?
  2. If I change employer - Company XYZ with Project Manager or similar role:

    1. Would it be an issue with AC21 filing?
    2. Do I need to file AC21 soon after joining Company XYZ or wait for RFE?

[*]After joining Company XYZ what if Company ABC revokes I-140? Will I get notified by USCIS after the revocation? What will be my options?

[*]Based on above background, is it safe or recommended to change employment from Company ABC to XYZ..... OR wait until I-485 gets approved thru current employer Company ABC?

Your response is appreciated and apology for this long write-up.

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1. I would recommend AC21.

2. AC21 is AC21, whether with your company or with a different one. The deicision is based on whether the professions are similar, which yours appear to be.

3. If they do, you will have to use AC21 notification. The USCIS will let you know in an RFE.

4. That is beyond anyone's expertise on this forum and rather tied to your risk tolerance.

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