AC21 and sample offer letter format

[bju]

Hi,

Can anyone help me in following issues:

I have filed for my 485 on December 2002 and received EAD card. Currently i am on H1B. I am planning to switch job.

Here are the issues.

1. Salary on Labor certification application is 60K. New job salary is 80K. New employer will give same job title and description as the old one. Will there be any issues due to this salary difference

2. Job description given on my Labor certification is different on ETA 750A and 750B.

ETA 750A describes the job as:

"Analyzes user requirements, procedures, and problems to automate processing or to improve existing computer systems. Writes detailed description of user needs, program functions, and steps required to modify or develop computer program. Studies existing information processing systems to evaluate effectiveness and develops new systems to improve production or workflow as required. Plans and prepares technical reports, memoranda, and instructional manuals as documentation of program development. May prepare time and cost estimates for completing projects. May direct and coordinate work of others to develop, test, install, and modify programs. Will use VB Script"

But ETA 750B describes it as

"Analyzes user requirements, procedures, and problems to automate processing or to improve existing computer systems using VB Script"

Now my question is which is the one to be used for new job offer letter?.

3. Can i just copy the job description from labor certification application or do i need to make some changes in wording?.

4. When labor was filed lawyer did a mistake in giving VB Script as the technology though i was working in ASP, VB etc. Can i include VB.NET also as i am working on it now. Does it mean it is not a similar job?

I can't talk to the current lawyer as i haven't yet informed the current employer about this new offer.

Any help would be appreciated

Thanks
bju

 

[waytoolong]

Originally posted by bju
Hi,

Can anyone help me in following issues:

I have filed for my 485 on December 2002 and received EAD card. Currently i am on H1B. I am planning to switch job.

Here are the issues.

1. Salary on Labor certification application is 60K. New job salary is 80K. New employer will give same job title and description as the old one. Will there be any issues due to this salary difference

I don't see BCIS penalizing anyone for making more money than the average Joe in the same job. As long as it is within the acceptable range of salary for this position in your state, BCIS will be okay with it. Remember AC21 was designed so that applicants can move on with their careers while staying within the basic structure of the LC.

Originally posted by bju

2. Job description given on my Labor certification is different on ETA 750A and 750B.

ETA 750A describes the job as:

"Analyzes user requirements, procedures, and problems to automate processing or to improve existing computer systems. Writes detailed description of user needs, program functions, and steps required to modify or develop computer program. Studies existing information processing systems to evaluate effectiveness and develops new systems to improve production or workflow as required. Plans and prepares technical reports, memoranda, and instructional manuals as documentation of program development. May prepare time and cost estimates for completing projects. May direct and coordinate work of others to develop, test, install, and modify programs. Will use VB Script"

But ETA 750B describes it as

"Analyzes user requirements, procedures, and problems to automate processing or to improve existing computer systems using VB Script"

Now my question is which is the one to be used for new job offer letter?.

It is better not to have a verbatim copy from the LC - it is after all, a different company. Make sure the skills match and the description is close enough for even a layperson to be convinced of the similarity of the jobs.

Originally posted by bju

3. Can i just copy the job description from labor certification application or do i need to make some changes in wording?.

A verbatim copy will raise suspicions of fraud, adapt to the new company's environment while being close to the LC skills and description.

Originally posted by bju

4. When labor was filed lawyer did a mistake in giving VB Script as the technology though i was working in ASP, VB etc. Can i include VB.NET also as i am working on it now. Does it mean it is not a similar job?

For AC21, the comparison is made between job families - you don't need to use exact same skills as your previous job . e.g. C++ programmer --> VB software developer would be similar software development jobs. However, it is good to be using the exact same skills.

Originally posted by bju

I can't talk to the current lawyer as i haven't yet informed the current employer about this new offer.

Any help would be appreciated

Thanks
bju

you can set up an 20-30 min appointment with any lawyer to discuss your case with full confidentiality.