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shruts_me
08-18-2015, 04:22 AM
I have received my perm very recently and my lawyer are starting my I-140 in premium processing.

I am working since 3 years as software Engineer in my present company.
I really want to move to product management where my job role and responsibilities changes.
I am concerned what will happen to my I-140 which I am about to get.

I have couple of options:
1) Move as product manager within my own team
2) move as product manager out side my team in some other totally different product within my company
3) Move to a different company in product manager role.

Some people say that depending upon company and lawyers you may use same I-140 by saying you have some additional responsibilities.
If I do this today but then lets suppose I move to some new employer after 1-2 years, can I still keep my priority date?
I have completed my first 3 years on H1-B and I will renew my H1 for next 3 years this October. I'll do my job switch after my H1 has been extended and my I-140 is in my hand.

Can anyone tell me what could be a wise ways in dealing my job change situation while still keeping my I-140 so that I can keep renewing my H1 after 3 years and also file for my I-485 in future.

DMX17
08-18-2015, 12:13 PM
If I do this today but then lets suppose I move to some new employer after 1-2 years, can I still keep my priority date?


Yes you can keep the PD if I-140 was approved.

Note that GC is considered to be for future employment which means that, although you must meet the job requirements now at the time of PERM, you intend to assume the job role when you get the GC in the future. This means that you do not really have to be doing the same job for which you PERM/I-140 now. It is just that youe intention is to do that job when your case is approved (or generally when you file I-485).

With this mind, if your current employer is OK with you on product management role, you are fine. You should tell them that you will assume the PERM role when you file I-485.

In the mean time, hopefully you will have the option to use AC21 same/similar protability after 6 months.

I assumed you are from India.

shruts_me
08-18-2015, 12:38 PM
@DMX17

Thank you so much for replying. I wasn't able to find a clear answer online.
Its a relief to know that my wait for getting PD is saved.
Yeah I am an indian


-shruti

neodyn55
08-19-2015, 12:00 PM
Yes you can keep the PD if I-140 was approved.

Note that GC is considered to be for future employment which means that, although you must meet the job requirements now at the time of PERM, you intend to assume the job role when you get the GC in the future. This means that you do not really have to be doing the same job for which you PERM/I-140 now. It is just that youe intention is to do that job when your case is approved (or generally when you file I-485).

With this mind, if your current employer is OK with you on product management role, you are fine. You should tell them that you will assume the PERM role when you file I-485.

In the mean time, hopefully you will have the option to use AC21 same/similar protability after 6 months.

I assumed you are from India.

I don't get the part about assuming PERM role when filing the I-485. At that point, surely the OP's intention is not to go back to being a product engineer, even for the 6-month period post 485. Would that not indicate fraud? How would the employer provide a letter for a role the employee is just not really willing to take? Or is this one of those "swept under the carpet" things that USCIS doesn't really care about?

DMX17
08-19-2015, 12:37 PM
Neo - good point. I also wonder how. Again, the OP should be careful as I am not a lawyer and ask her lawyer.

My whole thing is based on the question "how can one prove whether you have a true intent?" The keyword is intent.

That 's why to be safe, I asked the OP to join the role when filing I-485 (with the infinite intent to stay in that role, which no one can prove). The proof of intent is that the OP joins the PERM role at the time when the EVL is supposed to be sent with I-485. There is no way to find out how long that intent is for!;)

For example, at the time of F-1 interview, didn't we have to prove the "intent to go back"? I sure did even though I knew I could change that intent any time.