My I-140 was approved two years ago and My I-485 was ted one years ago (still pending). I have my EAD card approved.
My question is if I use the EAD card to work for a new company under AC21, but the new job position's title is "Software Application Developer" while the job title I applied for my Green Card is "Assistant Manager for Software Application Development".
(1) Will this be considered as a "similar" job??
-- Same or similar job is defined by job duties, not the title. However, to be safe, you may want to keep the similar job title as well: 1) try to negotiate with your new employer to see if they can offer a same job title; 2) if they can’t, compare your I-140 application SOC code with your new job title SOC code to see how close they are.
(2) Will this cause any problem to my green card application if I work for the new company??
-- If your I-140 approved, I-485 pending > 180 days, and the new job is same or similar to your old one, you should be safe.
(3) Shall I notify USCIS if I change my job?? Thanks!
-- You can send them a letter now, but this doesn’t guaranty USCIS won’t come back to you for REF. Or you can wait when they ask you. There is no requirement for sending AC21 letter. My personal opinion is if you are going to use EAD to work for new employer, and you don’t need to change your current address, you can wait when they ask REF. If you plan to transfer your H1B, and also need to move to a new address, you can send them a letter now.
Please be advised, above is just my personal opinion. I am not a lawyer. I just went through same process and about to turn down a nice job offer because the new job is not in the same category as my old one.
Good luck!
My question is if I use the EAD card to work for a new company under AC21, but the new job position's title is "Software Application Developer" while the job title I applied for my Green Card is "Assistant Manager for Software Application Development".
(1) Will this be considered as a "similar" job??
-- Same or similar job is defined by job duties, not the title. However, to be safe, you may want to keep the similar job title as well: 1) try to negotiate with your new employer to see if they can offer a same job title; 2) if they can’t, compare your I-140 application SOC code with your new job title SOC code to see how close they are.
(2) Will this cause any problem to my green card application if I work for the new company??
-- If your I-140 approved, I-485 pending > 180 days, and the new job is same or similar to your old one, you should be safe.
(3) Shall I notify USCIS if I change my job?? Thanks!
-- You can send them a letter now, but this doesn’t guaranty USCIS won’t come back to you for REF. Or you can wait when they ask you. There is no requirement for sending AC21 letter. My personal opinion is if you are going to use EAD to work for new employer, and you don’t need to change your current address, you can wait when they ask REF. If you plan to transfer your H1B, and also need to move to a new address, you can send them a letter now.
Please be advised, above is just my personal opinion. I am not a lawyer. I just went through same process and about to turn down a nice job offer because the new job is not in the same category as my old one.
Good luck!
