Jay D
Mar 20, 2024
Changing Role while waiting for I485 Approval
Hi All,
i wanted to get some feedback.
Background -
i filed for EB1 i140 (myself not company) and got it approved in May 2022. In Jan 2023, I have filed for AOS, AP and EAD. i have recived EAD and AP so far.
Meanwhile, I am on H1b performing same role/technology which I have used in applying for EB1 i140. I am getting a new role within the same company, in similar technology (slightly better technology). This role would be more at backend, no interaction with customer, no people management responsibility, which is completely opposite to what I do today.
But, company has pivoted and i am sure that new role would become very visible/central in next 1-2 year. So, joining new role could take my career to next level.
Questions -
1. Can I change my role since my AOS is pending? i would still be working on H1b visa not using EAD.
2. My role/technology (which was used in EB1 profile) would change. It is still related, but not same role/technology. I would be doing more of a strategy work than actual development. Would it impact my AOS?
3. Any other concern that I should be taking into wccount.
Thanks in advance!!
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m pMar 20, 2024
my lawyers guidance was to stay with H1B as long as possible with EAD+AP as backup. your company would file for a new H1 B and new I140 anyway. I would not use EAD if I could avoid it
krish GCMar 21, 2024
consult with attorney. But your EB1A does not require J supplement like EB1C or EB2. Hence performing a similar role should not be an issue
