AC 21 - same or similar job category question ?????

[Dhinchek]

Hi Gurus:

quick question.

Are job types below considered same or similar occupational classifications (to be eligible to invoke Ac21) if the occ code on LC is :
030.162-014 PROGRAMMER-ANALYST

030.162-010 COMPUTER PROGRAMMER
030.162-018 PROGRAMMER,ENGINEERING & SCIENTIFIC
030.162-022 SYSTEMS PROGRAMMER
030.167-010 CHIEF, COMPUTER PROGRAMMER
030.167-014 SYSTEMS ANALYST

Your advice is highly appreciated.
Thanks much -

 

[bill_daju]

Ac21/h1/ead ???

OP, please don't whack me if I am going off topic. I am sure that, it is not the answer of your question.

situation:
--You have an H1 for another 3 yrs approved, (i.e. the 3rd H1 based on I-140 approved, to get 3 yrs approval)
--you have filed 485 during visa fiasco last year. PD is current now, however no sight of getting approved soon.
--You applied EAD, and got approved with your AP.
(i) Can one use EAD to find a job part time working for other than the sponsoring employer ?
(ii) Can one work with the sponsoring employer full time while working part time for the new job ?
(iii) Can (ii) be vice-versa ?
(iv) what does the employee need to do, any forms, filings, etc if using either (ii) or (iii) above.
(v) Can one use the H1 and work for sponsoring employer, but use EAD for the part time job ? Does this even require AC21 ('coz you are already working for sponsoring employer to satisfy H1. Maybe you cant do this...as soon as you start using EAD, H1 fails.)

One would appreciate if somebody here like Jackolantern or United Nations or some gurus ...throw some sights.

 

[number30]

Hi Gurus:

quick question.

Are job types below considered same or similar occupational classifications (to be eligible to invoke Ac21) if the occ code on LC is :
030.162-014 PROGRAMMER-ANALYST

030.162-010 COMPUTER PROGRAMMER
030.162-018 PROGRAMMER,ENGINEERING & SCIENTIFIC
030.162-022 SYSTEMS PROGRAMMER
030.167-010 CHIEF, COMPUTER PROGRAMMER
030.167-014 SYSTEMS ANALYST

Your advice is highly appreciated.
Thanks much -

In case of AC-21 Job code does not matter mcuh. They usually look into job description. You do not have to mention the job code in your documentation I would say they are same.

 

[nj_skm]

(i) Can one use EAD to find a job part time working for other than the sponsoring employer ?

Yes

(ii) Can one work with the sponsoring employer full time while working part time for the new job ?

Yes, use the EAD. You'll lose the H1 status automatically for having invoked the EAD.

(iii) Can (ii) be vice-versa ?

Yes, but not advisable. Remember, GC is for future job offer. So your EAD is an interim measure till you get your GC.
However, if you're working part time for the sponsoring employer and full time elsewhere, it might seem like you don't intend to take up the full time offer once your GC is approved. Intent is important.

(iv) what does the employee need to do, any forms, filings, etc if using either (ii) or (iii) above.

Nothing. Use the EAD.

(v) Can one use the H1 and work for sponsoring employer, but use EAD for the part time job ? Does this even require AC21 ('coz you are already working for sponsoring employer to satisfy H1. Maybe you cant do this...as soon as you start using EAD, H1 fails.)

NO. Se answer to (ii) above.
H1 requires that you work full time for the sponsoring employer and be on the pay roll continuously.

N.B. This question is irrelevant to the OP's question. It would have been better if you'd started a new thread for it.