Issues with porting job under AC21 while GC pending

Publicis Sapient
dis2004.

Publicis Sapient

dis2004.
May 27, 2021 16 Comments

Hello blind community - Looking for advice/opinions here on my specific situation.

Current employer had downgraded a prior EB2 I-140 application to EB3 in October 2020 along with GC I-485 application.

New prospective employer is in picture now. The attorney there, after reviewing my docs, says that they will need to file for a new I-140 vs. porting via AC-21 since she is not sure what occupational code my downgraded I-140 was filed with and that it will likely not match my new role (same or similar job clause). The titles are changing from Product manager (current job) to senior product manager (new job).

What are the implications of this? What happens if they file for a new I-140 vs port? Is there a way to find the occupational code with which my I-140 was filed with? Current employer attorney won’t share documents because they are current employers property. #workvisa #immigration

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TOP 16 Comments
  • Broadcom Ltd. / R&D
    banta

    Go to company page Broadcom Ltd. R&D

    banta
    Wait for current I140 to be approved. Once approved you are free from restarting your GC process. You can change same or similar job.
    May 27, 2021 1
    • Publicis Sapient
      dis2004.

      Publicis Sapient

      dis2004.
      OP
      The lawyer at new company wants to know what the SOC code of occupation is and the current employer lawyer won’t give it to me. That’s the problem
      May 27, 2021
  • Broadcom Ltd. / R&D
    banta

    Go to company page Broadcom Ltd. R&D

    banta
    If it is new I140 then how it is same or similar job ? You need to file I485J. When is your PD ?
    May 27, 2021 5
    • Broadcom Ltd. / R&D
      banta

      Go to company page Broadcom Ltd. R&D

      banta
      How new company can file new I140 without perm ? It will take much longer. Wait for EAD. Also makes sure your EB3 I140 is approved
      May 27, 2021
    • Publicis Sapient
      dis2004.

      Publicis Sapient

      dis2004.
      OP
      They are saying they will file for new PERM
      May 27, 2021
  • Intel
    rhaegarr

    Go to company page Intel

    rhaegarr
    You have to wait for the eb3 i140 to approve. On the approval notice the SOC code is clearly indicated( I am looking at my i140 approval notice right now). Do not change jobs before i140 approves
    May 28, 2021 2
    • Publicis Sapient
      sid2004

      Publicis Sapient

      sid2004
      I am looking at the SOC Code on the previously approved EB2 I-140. Will it be the same for the downgraded EB3 I-140? Shouldn't it be the same since it is based on the same PERM?
      May 28, 2021
    • Intel
      rhaegarr

      Go to company page Intel

      rhaegarr
      It may be. But you can’t be sure. You just have to wait for approved i140 notice to be delivered to you.
      May 28, 2021
  • This is a standard process, listen to the attorney
    May 27, 2021 1
    • Publicis Sapient
      dis2004.

      Publicis Sapient

      dis2004.
      OP
      Thank you for your reply. What are the differences in “porting” vs filing a new I-140? What happens to the current, downgraded EB-3 I-140 if they file a new one? Will the GC application need to be attached to the new I-140?
      May 27, 2021
  • It should be in 9089 perm form. Ask your attorney.
    Aug 11, 2021 0