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

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  #1  
Old 01-21-2009, 11:50 AM
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Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jul 2006
Posts: 1,590
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Question Layoff/New Job and pending 485

Got laid off from my current employer, I have an opportunity at startup companies that is about 10% more in salary and same position and job duties, Title may be Director (instead of manager that I was at my old company).....

PD is Nov 2005 EB2 -I. Since I really dont have an option I am going to take it. I dont think there is a need to let USCIS know moreso as this was a RIF (I should get a RIF letter from previous employer)

I have approved 140 and more than 6 months since 485...I plan to join them on EAD.

My old company was paying severance as normal paycheks until I tell them I have found a new job.

Appreciate if gurus (with personal experience - i am sure with this economy many have done this) would let me know if there is anything else I need to do before joining the new company.
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  #2  
Old 01-21-2009, 06:08 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Sep 2006
Posts: 482
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Default EVL - Job Title (Manager vs Software Engr)

I was also in similar dilemma? But I joined the new company. I have to work on this market.

I have been laid-off last year after approx 7 years with old employer. Good news, I got job with new title (Technical Project Manger vs Sr Software Engineer on Labor). New company's HR is ready to write same responsibility as in Labor(generic one) on EVL but not ready to change the Title. Labor was applied on July 2001. Well my career progressed but not GC process.

Gurus, I think title will be problem on EVL. Any suggestion is welcome to get around. If any sucess story is still around then please share? Thanks.
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PD: July 2001 EB3-I, RD: July 2nd 2007 ND: Oct 2007
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  #3  
Old 01-21-2009, 06:51 PM
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/13/2007
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Join Date: Jul 2007
Posts: 41
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Default

I too have a similar dilemma. anyway, i went ahead and joined the new job on EAD.

My Labor has Software Engineer title. SOC code is 15-1031 on the approved labor. The new job title is Team Lead Systems Analysis and Development. I dont know how they come up with this title on the offer letter, the title they mentioned on the job requirements was Software Programmer Analyst.

The job requirements are somewhat similar to that of labor and there are additional responsibilities.
Labor mentions two technologies C++, java whereas my new job responsibilities have lot of java technologies.

I took the chance as previous job was consultancy and new job is permanent position with good company. Did not talk to the I-485 lawyer yet. I am not sure what he is going to say.

Can anybody help me on how to find out if this is going to be a problem to prove same/similar scenario.

Any help is appreciated.
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  #4  
Old 01-21-2009, 08:19 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
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Default

As far as I know..job Duties are critical....they have to be same/similar....
Wanted to find out is Higher salary and Title could cause issues (if someone has experience they can share)...again I answer my own ques...but I think it depends on the IO that gets ur case....and if they ask for EVL at time of 485 approval....
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  #5  
Old 01-21-2009, 08:44 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2006
Posts: 482
CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold
Default

Well. I think, it depends if job codes changes despite similar job responsibilities. Mine title itself says Manager rather Engr on labor. So non-managerial to managerial sounding position. It may sound alram.

Bottomline, System is itself broken. USCIS is looking case which labor was filed on mid 2001. Well, Hoping for best. Let's see. Anyway, it's already allmost 10 years maintaning legal status. So i am kindda tired also. Good Luck to you all.

Quote:
Originally Posted by jonty_11 View Post
As far as I know..job Duties are critical....they have to be same/similar....
Wanted to find out is Higher salary and Title could cause issues (if someone has experience they can share)...again I answer my own ques...but I think it depends on the IO that gets ur case....and if they ask for EVL at time of 485 approval....
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PD: July 2001 EB3-I, RD: July 2nd 2007 ND: Oct 2007
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