AC-21 and nature of job

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kahan_funs_gaya

Registered Users (C)
Currently I working on EAD as an Architect. I am getting a lucrative offer to work as a Project Manager for a new company. Obviously it seems that job description in Labor and in new job will be different.

Is it OK to switch jobs/roles under these conditions??? Additionally there might be signification salary differential.
 
To qualify for AC21, the job switch needs to be "same or similar" as the one listed on LC. In your case, the title 'Project Manager' would be a giveaway since the 'Manager' keyword makes it a supervisory/managerial role and hence would not qualify you for AC21 provisions.

Please be aware that in a recent AC21 case that went before a federal immigration judge, it was ruled that a person who tried to shift his job from that of 'inspecting wood cabinets' under occupational title of carpentry was not the same as 'installing marble top counters'. Sounds funny but true. check link below.

http://www.usdoj.gov/eoir/vll/intdec/vol23/3519.pdf
 
catch_22_4_GC said:
To qualify for AC21, the job switch needs to be "same or similar" as the one listed on LC. In your case, the title 'Project Manager' would be a giveaway since the 'Manager' keyword makes it a supervisory/managerial role and hence would not qualify you for AC21 provisions.
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There's nothing in AC21 that disqualifies people from managerial or supervisory positions. The question is if our Architect is going to be a Project Manager supervising other Architects and generally engaged in Architecture-related tasks, then I could see that being 'same or similar'.
 
TheRealCanadian said:
There's nothing in AC21 that disqualifies people from managerial or supervisory positions. The question is if our Architect is going to be a Project Manager supervising other Architects and generally engaged in Architecture-related tasks, then I could see that being 'same or similar'.
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RealCandian,

I did not mean to come across that AC21 disqualifies people from managerial positions. Since, kahan_funs_gaya mentioned that he was an 'Architect' (implying Software Architect designing IT solutions), I don't see that as 'same or similar' job to that of a Project Manager, which is supervisory. I would imagine that requirements of a Project Manger LC are substantially different from that of a Software Architect.
 
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what if its "partially same or similar"

Hi Catch_22 / realCanadian,

Here is a little twist to the puzzle - what if eventhough he is working as a manager, part of his duties will still be to design or develop (or whatever his original LC job description was ) ?

Is there an elaborate explaination as far as, for example, someone is not allowed to get promoted after being in the same or similar job for sometime, say 6months-1yr, whether the duties are partially same or similar or not same or similar at all ?

Any ideas anyone ?
Thanks.
 
kahan_funs_gaya or others,

I am in same boat as everyone with I485 pending for last 2 years. Now I got a good oppurtunity to jump to a new job .....but the problem is - how to convince the new company about AC21 .

Can you please share how you approaced this situation ?


Please help me . Thanks !

Kahuna





kahan_funs_gaya said:
Currently I working on EAD as an Architect. I am getting a lucrative offer to work as a Project Manager for a new company. Obviously it seems that job description in Labor and in new job will be different.

Is it OK to switch jobs/roles under these conditions??? Additionally there might be signification salary differential.
Click to expand...
 
Similar situation here

My labor is for a Software Engineer/Consultant. I am pursuing an opportunity with a company & they are considering me for either a Lead Software Engr or a Development Manager. Not sure if I can use AC-21 for the Dev Manager position.

-Sailesh
 
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