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| I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days. |
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#1
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For AC21 current job technology and new job technology
My I-140 is approved and its over year since filing 485.
Now I am exploring about accepting a job which is in different technology than the one wass listed in my labor back in 2002. Will this be an issue to accept, I have read that jobs must be in similar categories and its broad and upto interpretation. Thx for any feedback |
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#2
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AC21 requires that you be employed in the same or similar job by the transferring employer. It is helpful to understand what does your labor certification require. For example, if your labor certification requires specifically that you perform duties with technology A, then most likely you cannot use AC21 to switch to another company and perform technology B. However, if your labor certification lists occupation such as "web developer" and you used PHP but not you plan to switch to another company as a web developer but you will be doing ASP, then it is more likely that you will be able to use AC21.
Generally speaking, the AC21 analysis is more complicated than just comparing the ************ - you have to look at salary levels, duties, etc. Best regards-
__________________
-- laborvisalaw Immigration Attorney | Capitol Immigration Law Group LLC Important note: This post is not legal advice. Although I am an immigration attorney, I am providing my thoughts and opinions based on presentation of limited facts. My goal is to help each member of this community be better prepared to conduct individual research or consult their own lawyer. |
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#3
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OK thanks, I guess its open for interpretation.
my labor certification is generic but still references that I will be using technology A, B and C. |
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