AC21 Denial - list of all cases

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GreenCardHopefu

New Member
Can everybody please tell me of all the cases that they are aware of where a Green Card application was terminated because the applicant changed jobs, invoking AC21, and was denied? I am not talking about obvious denial cases, where the I-140 was not yet approved and the I-485 had not yet been pending for 180 days (and I guess also where the job-changer had not sent a letter to the Department of Justice with all of the appropriate documentation notifying them of the invocation of AC21 and the change of job). I suppose that what I am really asking is about the only part of the law that seems to be ambiguous and open to different interpretations- that is, the meaning of "same or similar" job. For example, has anybody heard of cases where an electrical engineer changed jobs to become a computer scientist, and was ruled against? Or where a marketing associate changed jobs to become an advertising salesman? Or what about more obvious changes of career, when a financial analyst moved into a creative/artistic field? In the cases of denial, was any reason for the decision given? Such as that the job titles were different? Or the job descriptions were different? Or the DOT (Dictionary of Occupational Titles) codes were different? If the decision is, in fact based on the DOT code, how similar do they have to be? Only the first three digits? Or the first six digits? Or are the denials more arbitrary and capricious, based on which office they come out of? Are some offices known to be more rigid in their interpretations than others?

There seems to be a consensus that AC21 applications to change jobs are rarely denied. I think that everybody would be well served by having a catalog of the cases that WERE turned down, so then the limits of the meaning of "same or similar" will be known.
 
good thread youmay want to run another one of approvals only

GreenCardHopefu said:
Can everybody please tell me of all the cases that they are aware of where a Green Card application was terminated because the applicant changed jobs, invoking AC21, and was denied? I am not talking about obvious denial cases, where the I-140 was not yet approved and the I-485 had not yet been pending for 180 days (and I guess also where the job-changer had not sent a letter to the Department of Justice with all of the appropriate documentation notifying them of the invocation of AC21 and the change of job). I suppose that what I am really asking is about the only part of the law that seems to be ambiguous and open to different interpretations- that is, the meaning of "same or similar" job. For example, has anybody heard of cases where an electrical engineer changed jobs to become a computer scientist, and was ruled against? Or where a marketing associate changed jobs to become an advertising salesman? Or what about more obvious changes of career, when a financial analyst moved into a creative/artistic field? In the cases of denial, was any reason for the decision given? Such as that the job titles were different? Or the job descriptions were different? Or the DOT (Dictionary of Occupational Titles) codes were different? If the decision is, in fact based on the DOT code, how similar do they have to be? Only the first three digits? Or the first six digits? Or are the denials more arbitrary and capricious, based on which office they come out of? Are some offices known to be more rigid in their interpretations than others?

There seems to be a consensus that AC21 applications to change jobs are rarely denied. I think that everybody would be well served by having a catalog of the cases that WERE turned down, so then the limits of the meaning of "same or similar" will be known.
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Nato,

Thanks for your post. However, there are already several threads on people who had their AC21 applications to change jobs approved. Two of them are posted below;
http://www.immigrationportal.com/showthread.php?t=153407
http://www.immigrationportal.com/showthread.php?t=99320
This could be because people like to share good news of approval of portability, but not bad news of it being denied. It could also be because there IS NO BAD NEWS- that AC21 applications are almost never denied. I have not read all of the posts on this website, obviously, but (except where the I-140 had not yet been approved, and the I-485 had not been pending for 180 days) I have not seen a single post of anyone claiming to have even heard of a rejected AC21 application.

GreenCardHopefu
 
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