AC21 Usage & Travel on AP while using AC21
Thanks for arranging this conference call again. Its really nice of you to speak with us and try to help us whatsoever manner possible. I really appriciate it.
I joined as a guest in the last conference and asked you a question related with AC21.
Quick details on my case :I-140 approved on Aug-2004.
140/485 concurrent filed on 4/2004(case transferred to TSC 3/2/07) Priority Date: June 2002
I am planning to use the AC21 to join another company(B).
The position i will be taking is different from my LCA(LCA = Programmer Analyst & new position = Sr.Software Engineer).
Job duties will remain same/similar. Company lawyer is not interested in updating the USCIS now. May be wants to make more money later with NOID/RFE/MTR.
The questions i have are:
1) My LCA was using the code 030162014(Programmer Analyst). The position i am getting is using the code :030062010 (Sr.Software Engineer).
030062010 Software Engineer
As per the O*NET website: Programmer Analyst could be part of the following Codes:
15-1031.00 & 15-1032.00(has both Programmer Analyst & Software Engineer)
15-1051.00( has only Programmer Analyst but not Software Engineer)
15-1021.00( has only Programmer Analyst but not Software Engineer)
15-1061.00 ( has only Programmer Analyst but not Software Engineer)
Job duties will be same/similar in wordings.
As a Lawyer do you recommend to take a chance with this given scenario. Will it be ok to convince if a RFE/NOID is raised?
JOB Duties includes keywords like (DESIGN,ANALYZE & DEVELOP).
2) We have planned for a visit to india in May, and now that i have received the offer for this new position which i would like to take not sure how its gonna impact the trip.
So, Basically if we are out of the country(USA) on our AP and in between our I-485 gets denied(NOID/RFE) for whatsoever reason(AC21 not informed....) will it impact our re-entry to US. Any suggestion/precautions you would like to suggest.
In case i need to file an MTR or response to NOID/RFE do we both have to present here in USA?
My wife case is dependent on my 485
Thanks a ton rajiv. Its been a great pleasure to be involved with you on this conference.
Last edited by iwannagreencard; 4th March 2007 at 03:22 AM.
Labor PD: June 2002 (EB3/India/VSC)
Labor Approved date : Aug 2003
I-140/I-485/EAD/AP-> ND: 4/5/04
EAD-> AD: 07/19/04,....4th EAD is in processing
AP-> AD: 07/19/04....4th AP is in processing
I-140 AD : 08/12/04
485-> FP: 03/18/05, LUD1 03/18/05,LUD2 03/22/05
FP Udate: 02/19/07
AD ->June 8, 2007, card received.