baywatcher
Registered Users (C)
Is it ok to change job if the DOT code is the same but job title and description are different. Salary is almost 50% higher than what is stated in the Labor Certification?
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AC21 - Job change question
- Thread starter baywatcher
- Start date
waytoolong
Registered Users (C)
you will be within legal requirements of AC21 and definitely qualified to use the portability provisions. You will have to provide a job description to match the older one as closely as possible so that it is more obvious that the jobs are "same or similar"
Risk is what BCIS adjudcator (whoever is looking at your file" interprets as "same or similar job" since salary requiremnts are not mentioned in any law/memos. The adjudcator may take a guess that you are making too much for your positions and transfer your file to a local center (this is the worst case scenario)
for further scrutiny
In that case you will have the charts and graphs to defend your position that the increase in salary is within range for your job in the state and the increase is clearly explainable due to economic factors and career/skill growth
In short - I believe the answer to your question is yes, I will know for sure when my case is approved with a 40% increase in salary in the same DOT code
Risk is what BCIS adjudcator (whoever is looking at your file" interprets as "same or similar job" since salary requiremnts are not mentioned in any law/memos. The adjudcator may take a guess that you are making too much for your positions and transfer your file to a local center (this is the worst case scenario)
for further scrutiny
In that case you will have the charts and graphs to defend your position that the increase in salary is within range for your job in the state and the increase is clearly explainable due to economic factors and career/skill growth
In short - I believe the answer to your question is yes, I will know for sure when my case is approved with a 40% increase in salary in the same DOT code
baywatcher
Registered Users (C)
Good luck bro. The eyes are all on you.
When was your ND date?
My I-140 is still pending. RD: 9/12/2003, EB2
I'm trying to figure out what my next step is since I have been with current employer for more than 3 years. I have a Masters degree and am currently attending an evening MBA program. Expecting to get my MBA in Dec. this year and changing job early next year (I highly doubt I will get my green card by that time), my salary for the next job might be much higher than my current salary. But I will try to stay in the DOT code.
When was your ND date?
My I-140 is still pending. RD: 9/12/2003, EB2
I'm trying to figure out what my next step is since I have been with current employer for more than 3 years. I have a Masters degree and am currently attending an evening MBA program. Expecting to get my MBA in Dec. this year and changing job early next year (I highly doubt I will get my green card by that time), my salary for the next job might be much higher than my current salary. But I will try to stay in the DOT code.
baywatcher
Registered Users (C)
no problem, as long as you are in H1B.