AC-21 Please help

[canus_immi]

I switched to new employer . MY GC is pending more than an y YEAR.

My questions is What do you have to enclose in AC21 papers.

I spoke with one attorney today she told me AC21 means u have to work in same field and need to be in same job roles.

For example .if your LC is on JAVA and JSP . You can work in your next job as SAP programmer or SAP DBA or SAP lead.? is this correct.

But if ur LC as computer programmer . you cannot work hardware engineer or as mechincal engineer.

Please clear me if i am incorrect

Thanks

 

[485GCCase]

No my friend......I think one cannot change the job description with this BCIS....If you could convince your employer to give you job description as per what is wanted by BCIS...you will be safer.

 

[sb_tiger]

The job should be similar. The concept of similar can be expanded or a narrower view may be taken. Since there is no clear definition of 'similar' - you have to use logical/common sense etc only. BCIS is generally not belived to be very fussy about this. All said and done it is just a play of words so if you have a co-operating employer- you can have a similar job title and job description- most employers would/should be willing to oblige.
You can find more opinions on this in the AC21 Forum
HTH

 

[waytoolong]

A programmer is a progammer - BCIS does not care whether the codes are in Java or PASCAL, they will have the same/similar O*NET job code

A cab driver is a cab driver - does not matter if the cab is a Ford Crown Victoria or a Chevy Monte Carlo

Since we live in Dickensian times it is better to have the skillsets the same so as not to stress the few grey cells of a underworked BCIS case officer

 

[Dreamcometrue]

sb_tige and waytoolong,

I want to hear your opinion for my friend. My friend got an RFE this week as requested an employment letter, paystub and W-2.
He changed a sponsoring co. afetr 10 months from receipt of I-485. And joined US subsidiary of a foreign co., but the subsidiary have 2 employee only. Listed his title as a president of the subsidiary in the company book. .
His title in LC was a Sales manager , now his current title is a president officially but job duties are actually same as a sales manager and perform sales activity daily though the title is a president of the office. In this case, Can he descibe his title as president in the employment letter but the job descriptions/ duties as a slaes manager function?
His lawyer said the title does not matter as long as job duties are same.

But it can give some impression of a kind of self-employment if put
his titles as a president. Do you think it's reasonable? Thanks for your tips in advance.

 

[waytoolong]

Originally posted by Dreamcometrue
sb_tige and waytoolong,

I want to hear your opinion for my friend. My friend got an RFE this week as requested an employment letter, paystub and W-2.
He changed a sponsoring co. afetr 10 months from receipt of I-485. And joined US subsidiary of a foreign co., but the subsidiary have 2 employee only. Listed his title as a president of the subsidiary in the company book. .
His title in LC was a Sales manager , now his current title is a president officially but job duties are actually same as a sales manager and perform sales activity daily though the title is a president of the office. In this case, Can he descibe his title as president in the employment letter but the job descriptions/ duties as a slaes manager function?
His lawyer said the title does not matter as long as job duties are same.

But it can give some impression of a kind of self-employment if put
his titles as a president. Do you think it's reasonable? Thanks for your tips in advance.

The lawyer is correct - the title can be anything, what matters is the day-to-day job duties. It looks like there will be no problem. Remember, even a receptionist at a bank is officially called a Vice President. It is the job description that BCIS uses for evaluation of AC21 eligibility.

The self employment issue is more critical - I think it will be prudent to attach documentation that shows that the applicant is not a majority shareholder in the sponsoring company.