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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 02-25-2010, 02:23 PM
goel_ar goel_ar is offline
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Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
05/09/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/01/2011
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Join Date: Apr 2008
Posts: 153
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Default Moving to different position ? - Need advice.

I am in my 7th year of H1B. H1B is approved until 4/2009.
I have approved I-140 but I-485 has not been filed yet.(PD not current).

What is the process if I want to accept different position in
same company?

Does one have to go through H1B approval, PERM & I-140 all over again?

If there is already a thread on it, could you pl. point me to it?

Thanks,
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  #2  
Old 02-25-2010, 02:30 PM
vin13 vin13 is offline
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Join Date: Jul 2007
Posts: 562
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Default

Quote:
Originally Posted by goel_ar View Post
I am in my 7th year of H1B. H1B is approved until 4/2009.
I have approved I-140 but I-485 has not been filed yet.(PD not current).

What is the process if I want to accept different position in
same company?

Does one have to go through H1B approval, PERM & I-140 all over again?

If there is already a thread on it, could you pl. point me to it?

Thanks,
You need to wait for 6 months after you apply for I-485 to qualify for changing jobs and retain the process.

If you want to change jobs now, you wll need to go through H1-b, Perm, and I-140 again. The only help is you could potentially retain your old priority date as long as your I-140 has not been withdrawn from your previous company.

I am not trying to be rude but this is pretty basic understanding that most of us should already know.
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Used AC21 twice
Greened on 07/20/10
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  #3  
Old 02-25-2010, 02:44 PM
mnkaushik mnkaushik is offline
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Mar 2006
Posts: 106
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Default

When you say different position, is it a promotion or is it a completely different job description.

I applied my GC as Senior Developer in Jan 2004. My LC got approved in late 2005, applied for 140 in early 2006 and approved in late 2006. Applied for 485 during july 07. I was promoted to Tech Lead in Jan 2005, even before my LC was approved. Again, i got promoted to PM in Jan 2008. I did not go through the process again. I still dont have a GC, but have not had any issues till now in the process except for the infinte wait.

If you want to be overly catious then yes, u will have to go through the process again. Again, it also depends on what do you mean by different position.
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  #4  
Old 02-25-2010, 02:49 PM
goel_ar goel_ar is offline
Senior Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
05/09/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/01/2011
Compare
Join Date: Apr 2008
Posts: 153
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Different position in different group with few job responsibilites same as current one.
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  #5  
Old 02-25-2010, 03:43 PM
abhishek101 abhishek101 is offline
Senior Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
11/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Jan 2006
Posts: 114
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Do two things and you should be fine:

1. talk to your new manager that if there is an RFE or something in future he can provide you a letter that says that you have similar job responsibilities as you have filed in labor. "You said the rsponsibilities are going to be the same one", Job title change usually does not mean much.

2. Talk to the company lawyer and explain them everything and see what you need to do. You might have to amend your H1b but GC should be ok.

All these are true if you are in the same location. If the location is different ( Different City or state) you have to redo perm and I140.

Hope this helps.
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  #6  
Old 02-25-2010, 04:10 PM
goel_ar goel_ar is offline
Senior Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
05/09/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/01/2011
Compare
Join Date: Apr 2008
Posts: 153
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Default

OK. Thanks, that helps. Location is same. Same floor.
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