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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

199 points proberts | 2 comments | 16 May 25 15:05 UTC | HN request time: 0.558s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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dharmspeakz ◴[16 May 25 17:37 UTC] No.44007994[source]▶
Hi Peter,

My I-140 was approved in June 2013 under the EB2 category (H1B). I later downgraded to EB3 and filed my I-485 when my priority date became current back in 2021. I received my EAD in 2022 and have been working on EAD since then.

According to the current visa bulletin, my priority date is expected to become current soon. However, I have a couple of concerns:

The job title I had when I filed the I-485 is different from my current role.

I have also changed employers since then.

I understand that I may need to submit a new I-485J.

Given that I was promoted and my current title is significantly different from the one in my original petition, could this pose any challenges to my I-485 application?

replies(1): >>44008151 #
proberts ◴[16 May 25 17:55 UTC] No.44008151[source]▶
Yes, you and your current employer need to file an I-485J if proceeding based on the approved EB3 petition but whether you will have an issue because of the change in positions will need to be analyzed (although you probably are fine). Does your employer have an immigration attorney because this is something that he or she should analyze?
replies(1): >>44008225 #
1. dharmspeakz ◴[16 May 25 18:02 UTC] No.44008225[source]▶
Yes, my employer does have an immigration attorney. I applied 485 as a Programmer Analyst. But now I work as a Director, Applications with a more diverse application suite than what I originally worked on. The labor and wage and roles/ responsibilities will not create any problems ?
replies(1): >>44008248 #
2. proberts ◴[16 May 25 18:04 UTC] No.44008248[source]▶
Probably not but I can't advise because I don't have all the paperwork in front of me. The company's immigration attorney should be able to advise.