2009 PD EAD vs Filing new H1B

Hi Gurus and other fellow-GC seekers,

My pd Jan 2009. Working as engineer on EAD. My goal is to move in to management in a year (dissimilar job) after graduating with MBA. From all accounts it looks like 2009 is likely to be current in late 2014 and GC realization in early 2015. I am not sure I want to work in the same/similar job until then. If I move to a dissimilar next year would the employer be able to file my H1B based on approved 140? I have been on H1B before for about 5 yrs. What are my options? Also if I don't pursue H1B what is the likelihood of getting 485 rejected because I moved on to being a non-engineer?

ksur - if you are with the same employer before and after MBA (i.e. H1B vs GC sponsors) then it's a piece of cake. It can be considered as career progression in the same line of work and hence not a problem.

But if they are different employers - certainly ask you to get a lawyer.

Meanwhile - did you do a full time MBA or part- time?

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Originally Posted by ksur23

Hi Gurus and other fellow-GC seekers,

My pd Jan 2009. Working as engineer on EAD. My goal is to move in to management in a year (dissimilar job) after graduating with MBA. From all accounts it looks like 2009 is likely to be current in late 2014 and GC realization in early 2015. I am not sure I want to work in the same/similar job until then. If I move to a dissimilar next year would the employer be able to file my H1B based on approved 140? I have been on H1B before for about 5 yrs. What are my options? Also if I don't pursue H1B what is the likelihood of getting 485 rejected because I moved on to being a non-engineer?

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I am completing a part-time mba program with the intention of moving to management consulting. From what you are saying that would be a risk eh? It's just that my GC, based on pd of Jan '09, is at least 1.5 yrs away and if one doesn't take advantage of mba immediately after graduation (which will be may '14) then it's a waste of investment. I've heard uscis rarely rejects based on dissimilar job but I guess that's 'coz people rarely change careers like I intend to here?

To be honest - if the jobs are totally dissimilar (as in IT analyst vs financial analyst) then AC21 won't apply even if you are eligible for AC21. The best you can probably do is for your new employer to start GC process ASAP and capture the PD from this one.

That's why I said - if indeed - the jobs are really dissimilar then you need to talk to lawyer to figure your way out. Needless to say - you may also need some cooperation from the current employer. All hte best.

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Originally Posted by ksur23

I am completing a part-time mba program with the intention of moving to management consulting. From what you are saying that would be a risk eh? It's just that my GC, based on pd of Jan '09, is at least 1.5 yrs away and if one doesn't take advantage of mba immediately after graduation (which will be may '14) then it's a waste of investment. I've heard uscis rarely rejects based on dissimilar job but I guess that's 'coz people rarely change careers like I intend to here?

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Thanks Q. Appreciate the response.

Why don’t you choose to port (transfer) your H-1B to a new employer? This is just so you can remain in status on your H-1B even if something goes wrong with your I-485. This option will give you more options especially when you have no status to fall back on. Alternatively, you can get in touch with a qualified immigration attorney or accredited representative to help you out in this situation, more so because laws and procedures are complex and change often.

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Originally Posted by chiranth

Why don’t you choose to port (transfer) your H-1B to a new employer? This is just so you can remain in status on your H-1B even if something goes wrong with your I-485. This option will give you more options especially when you have no status to fall back on. Alternatively, you can get in touch with a qualified immigration attorney or accredited representative to help you out in this situation, more so because laws and procedures are complex and change often.

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Thanks chiranth - I am keeping options open right now. I am not sure how strict uscis is with this "same or similar" wrt job description.