NB K
Mar 27, 2024
EB1-C job switch while I-485 is pending
Hello Forum,
Need an input, I filed my eb1-c application 2 years ago from Company A. Unfortunately in September 2023 I got laid off. In Feb 2024 I got an engineering Management role with another company B. I have not filed 485J yet. I started working on EAD.
now I got an offer from Company A who filed my I-140 and 485 as Lead engineer with out any direct reports. This is Sr position with focus on architecture and providing g strategic direction to next generation app. This role has better pay also when compared to previous role.
my question- will the title matter? can I switch back to company A by not worrying about title Lead Engineer or stay with Company B with title Engineering Manager and file 485J whenever it is time?
PD: 15 Feb 2022
Thanks in Advance.
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Chris OaklandMar 27, 2024
were you able to work on company B only with the EAD? What was your visa, L1 or H?
SK SKMar 27, 2024
I think you need to file 485J when you switch job to company B.
G LMar 27, 2024
your case appears very messy. Take a round of consultancy from a good lawyer
NB KMar 27, 2024
okay
Sreekanth SugnyanamurthyMar 27, 2024
You should file 485J supplement form if you switch jobs to new company. Also , you should provide supporting document that you will be doing same managerial role in new company. Because eligibility for eb1c is to manage people in your field.
Now that you want to go back to your Previous company, you should have similar Managerial duties and role(Title doesn't matter, as it varies from company to company) and manage people or have reportees.
NB KMar 27, 2024
lawyers advice on filing 485-J was wait until RFE as layoffs and switching jobs is pretty common in current economic conditions. that's why did not file 485-J
Atharv AMar 28, 2024
@NB K even my suggestion wait for RFE.if you go back to company A I don't think so you need to worry anything. what was your lawyer suggestion on this point?
P SMar 28, 2024
Any job you switch subject to I-485 pending the 485j is a must. when you switch jobs in this situation the new job should fall under the same SOC (standard occupation code) under which the I-140 was approved. You can find the SOC on the top right hand side of your I-140 approval notice.
