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Pending I-485 (INdia EB3) with priority date of Dec 2005.

Customer Question
I-140 approved in 2009 and...
Pending I-485 (INdia EB3) with priority date of Dec 2005. I-140 approved in 2009 and I-485 filed in 2007. Currently on L1-A visa with same employer. Also have EAD/AP.
Can I switch employer using AC21?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 3 minutes by:
10/28/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,140
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Yes, porting your approved I-140 to new employer has nothing to do with the nonimmigrant visa status you hold.

Only requirement for AC21 porting is that you are going to be employed in the same or similar occupational classification as per the approved I-140/PERM; your I-485 has been pending for at least 180 days and your I-140 has been approved.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

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Customer reply replied 2 years ago
PERM was applied as a ERP Technical Consultant in 2005, current role is Program Manager in the same ERP domain. Can the new role be IT Manager, ERP Lead, Program Manager?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

I would have to study the PERM job description; the new job description; the SOC code of the approved 9089.

See this link

http://www.uscis.gov/news/questions-and-answers/questions-about-same-or-similar-occupational-classifications-under-american-competitiveness-twenty-first-century-act-2000-ac21

The little information you have given me is insufficient for determination.

It is an additional service to do the analysis you are requesting and this is not what you asked in your original question.

I will send you an offer for additional service and it will be in your email box. It will take several hours and I will give you a 24 hour turn around from when you provide all documentation needed.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

Am I to assume this post applies to this question and answer thread? I don't want to close this thread out by referring it to customer service.

"I will definely rate your reply. However I have been charged twice. The second reply was for quoting a fee for additional response and should not be counted as an answer. Hence pls revert the additional 37 USD charged.

Should you change your mind regarding wanting a telephone discussion as an additional service let me know in this thread. I will have the other post closed by customer service to resolve the billing issues.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,140
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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