回复:Re-Post -Job change prior to 180 days of pending I-485_Pjiang

Thank you, Teacher 862311's answer, but I am still confused. 

I may have to switch to another department within the same employer prior to 180 days of pending I-485.   The new job duties will be different from those listed my PERM and I-140, but both jobs have the same occupational classification code (Department of Labor's Code), the same position title, and the same level of salary. 

 (1) Will I be considered to change my employer?

-It is similar to that, but it does not matter in your case, anyway.

 I sincerely appreciate your insight. 

 

-As long as two jobs are in the same occupation classfication code, your I-485 is safe.

(3) will my current H1B still be valid?

-Technically, your employer needs to file an H1 amendment, but because you still work for in the same employer, they may not need to file the H1 amendment because USCIS can not tell your duty change.

if not, will it be safer to use EAD than to file a new H1B?


-If you have EAD, you will be more safer even if you do not need to use it. Because if USCIS question your H1, you can show them you have the EAD.

(4)  Does law say my employer must cancel my current H1B?

-Do nothing.


(2) Will new job be considered to be the same or similar occpuational classification? (It is very hard to understand the definition of Same/similar Job.  Dose same/similar job weigh job duties more than job classification?)-

所有跟帖: 

回复:回复:Re-Post -Job change prior to 180 days of pending I-485_Pji -JhsnHall- 给 JhsnHall 发送悄悄话 (78 bytes) () 04/01/2012 postreply 09:18:32

请您先登陆,再发跟帖!