AC-21 :Title different / duties not very similar

D

d_wong

Registered Users (C)
Hi
I am looking to use AC-21 to change my job.
I-140 is approved, & 485 pending 180+ days.

The new job's title is different and duties are not very similar (about 40% match)
Morevere,the new company is a large company, so all I will get from them is an standard appointment letter(which does not describe duties vey well,and goes on to mention that job duties can change) and not a 'Employment Verification Letter' as I would want which would say that the duties match.

What are my options if
1)My existing employer does not inform USCIS that I have left them ?
Do I still need to use AC-21 ?

2)My existing employer informs the USCIS that I have left them,
but my new employment letter is a standard letter,
Can I get a 'convenience' letter from on of the consulting companies saying that they would like to employ me with the same title/description on approval of I-485 ? (while not working for them)

This should not be difficult to manage..
Please advise.
regards
--Dave
 
Maybe not..
But is there a way to convince USCIS that I do qualify for AC-21 ?

What if the old employer does not notify the USCIS about me having left the job ? In that case how will they know ?Unless I get an RFE , I would not even inform them about the job change..

-Dave
 
It's all the issue of risk. The latest memo says DOT code need to be same when you change job. And if I were you, I wouldn't count on no RFE. Yes, if you don't notify CIS job changing, you might still get 485 approval. The problem is RISK!

d_wong said:
Maybe not..
But is there a way to convince USCIS that I do qualify for AC-21 ?

What if the old employer does not notify the USCIS about me having left the job ? In that case how will they know ?Unless I get an RFE , I would not even inform them about the job change..

-Dave
Click to expand...
 
abalusu,
I am posting your message here..
Since I think that we should post them publicly instead of sending PM's as it would benefit all..

>>>
I am in a similar situation as you. My title is different but the decription is somewhat similar. Labor title is "Application development specialist" and new one is "Application\Database Administrator". I would like to know if you are going ahead with your swtich?. What have you found out in your research on this matter?.
Appreciate your response.

Thanks
abalusu
<<<<

My Reply : I am still trying to find out..
Will post as soon as I find out anything or anyone in a similar situation.

David
 
GCIsTortoise,
Thanks for your reply ..
So what will happen in the foll. situation ?

If my existing company informs USCIS that I have left
then will they deny the 485 immediately or will they first send me a NOID ?
At this time if I send the AC-21 letter and the Immigration officer
decides that this is not "same or similar" job category, will they
still send another NOID or will they deny the 485 immediately ?

If denied directly, can I file for MTR ?

I am trying to find out the worst case scenario..

--Dave
 
According to new memo all they match is O Net code. Check whether your O net code matches.

But even if 40 to 50% match should be OK .you can ask your supervisor to write a favorable job description.

Or
Other solution would be write only part that matches both original description and new description. Add one or two more sentences.
 
Tammy2,
"O Net Code"

These codes confuse me.
My 'OCC-Code' (for LC) is 999.151-031
(Computer Software Engineers-Applications)

What are DOT/"O Net Codes" ?
How do they corrospond to OCC Code??

Also, I am looking to join a large corporation, they will not give a "customised" EVL.They just give a standard employment letter.

That's why my only hope is not informing the USCIS and hope that I will not get a RFE..

That's why I am trying to assess the "worst case scenario"

--David
 
Last edited by a moderator:
Incase you get an RFE, you might have to produce the latest pay-stub.
In your case you wont be able to produce paystub from ur previous company (who filed ur GC) .... dont take any chances !!
 
d_wong said:
Tammy2,
"O Net Code"

These codes confuse me.
My 'OCC-Code' (for LC) is 999.151-031
(Computer Software Engineers-Applications)

What are DOT/"O Net Codes" ?
How do they corrospond to OCC Code??

Also, I am looking to join a large corporation, they will not give a "customised" EVL.They just give a standard employment letter.

That's why my only hope is not informing the USCIS and hope that I will not get a RFE..

That's why I am trying to assess the "worst case scenario"

--David
Click to expand...

You can get standard letter from employer and enclose a letter from your manager stating your responsibilities. It is perfectly alright
 
everyone read the yates memo of may 12

it contains info about self employment which solves most peoples problems if true
 
ac21_help said:
it contains info about self employment which solves most peoples problems if true
Click to expand...

It is really unbelievable . USCIS earlier opinion was self employment is kind of business and They fall into investor category. There was case (I think in 2001) in Chicago District office which was rejected on this base.
 
Tammy2,
>>>
You can get standard letter from employer and enclose a letter from your manager stating your responsibilities. It is perfectly alright
<<<

Yes,
That is what I am going to try.But what if I am unable to get any letter from the manager,except the standard employment letter(which would mention a different title,and a very generalised job description)

What would happen if I do not include a EVL from the new employment in my application for AC-21 to the USCIS, instead I only send a letter from self stating that I am doing "same or similar" job with a new employer.

Nowhere in the memo it says that the EVL is mandatory.

How many RFE's can I get ?

My real objective is to somehow manage to stay on for a year, then I am eligible to get a transfer to this company's other posts in other countries.

Then I would not need the US green card (if it came to that)

regards
-David
 
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