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Role Change After I140 Approval

Discussion in 'Immigrant labor certifications (PERM)' started by Harihs85, Jan 5, 2016.

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  1. Harihs85

    Harihs85 New Member

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    Hi,

    I am currently having i140 approved with H1 B until jun-2017. I was hired as a Senior Software Engineer and my role was/is a Quality Assurance specialist. Now, my employer is offering me to change my role to Data Engineer/Hadoop developer in contrast to my current role. If I undertake the new role, should I redo my PERM, i140 and also what about my H1 B. Can some help be provided, please. Thanks.
     
  2. Santy

    Santy Guru

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    If you plan to to take the new role then:
    1. H1B needs amendment with new LCA.
    2. If you plan to work in this role permanently then Perm/I140 needs to be restarted from scratch.
    3. You can keep the current I140(and use it) and work as a Hadoop Engineer or anything else but then you will have to return to your I140 approved role during or immediately after I485 phase.
    4. Definitely get in touch with an attorney.
     
    Ron Gotcher likes this.
  3. Harihs85

    Harihs85 New Member

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    Hi Santy

    Thanks for the quick reply. A few doubts
    H1 B amendment for lca: can i retain my visa validity or even that will be processed again?

    Perm/i140 from scratch: I am seeing two things here, one the re-filing process and other by saying that I can use my i140, are you referring that the PD can be retained?
     
  4. Santy

    Santy Guru

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    1. That's not in your control, that will be decided by USCIS.
    2. You don't need to state anything to anyone at this point of time. Its only when you file I485 then you need a letter from your employer stating that you will be working in the same capacity as stated in I140.

    If I were you, I would have not touched the current I140. Instead, I would have started a fresh GC with the intended role. If it gets approved in time then well and good else return to the old I140 role during I485 filing. Again, you don't need to say anything to anyone at this point of time. you should port your date during new I140 filing if at all you plan to jump(monkey jump:)).

    I again repeat that you should get in touch with an attorney(if in CA then email Ron) to find out if its worth the jump.

    HTH.
     

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