Summary: Job Title tied to what in I485 in process/EAD status, Constraints in change of change during that status
Hi, My questions are related to Job title that might be impacted in downgrade process of EB2 to EB3. i.e Questions are the current job and later in new job that I may find in future with the EAD that is approved during this downgrade process of EB2 to EB3:
Currently with “Job A” with “Title A”/“Description A” at “Company A” in EB2 with Approved I140 with PD in Oct 2009.
Due to long wait time in EB2, and date of filing has opened for EB3 until Jan 2010 today, planning to downgrade to EB3. Does it mean the downgraded “Job title” has to be lesser capacity than “Job A”/“Title A” at “Company A”? (Let me refer that as “Job A minus”, and “Title A minus”). How practically that is possible and doable to work on lesser capacity suddenly?
i.e Is there anyway Job title (might be) tied to EAD and is job title downgraded when moved from EB2 to EB3, provide EAD is approved during downgrade process?
And if I485 along with EAD is filed and EAD is approved in 90 days during this downgrade process, what if needed to quit from Job A (possibly the updated title could be “Job A minus” after downgrade). Do I need to find the new job with capacity/title of “Job A” or “Job A minus” or does not matter that I can even find and apply “Job B” or “Job C” that I choose to?
If my questions are confusing, sorry for that. I can explain little better once I get some direction for you @Anil.Gupta
I had mentioned few other questions that are either if we continue at company A with EAD (case 1 “with down grade” or case 2 with “no down grade”).
Let me explain the similar occupation part in reality at my work or similar sector, the role goes up with high/vast range of responsibilities though occupation is same.
Product Engineer vs Product Manager vs Product director
Currently I am a product manager (EB2) at company A, planning to downgrade to Product Engineer (EB3) at Company A (to apply EB 3 and get EAD approved in next few months [Hoping so]), and then if I quit do I need to find a Product Engineer job at Company B, or can go to Product Manager at company B (my current role, though I am close enough to become product director) or even Product director at company B? In this case, Job title is very critical as it decides the carrier path and other factors.
I am mainly asking, not to complicate my career path or new job search that should not get impacted just because I am doing a EB2 to EB3 downgrade now.
As per the AC21 law, if you can prove that job functions are similar or same, you are allowed to move.
Same or similar basically means that if a software engineer moves to a senior software analyst role, it will be counted as same.
On the other hand, If software engineer becomes a project manager who’s job functions are more of managing, and different than software engineer, then offcourse its a different job and not similar.