AC21 - Job Description

N

naakokaGCkavali

Registered Users (C)
Hi All,

I lost my job in company A after I-140 got approved and I-485 is in
the process for 10 months. I have joined company B on 7th Feb 2005.
I have received an RFE on 10th Feb 2005 for Employment letter from
current employer.

My Questions are:
1. Do i need to send any information for AC21 portability along with the
company B Employment letter?

2. Does the job description need to exactly match as in Labour Certification?
Job Title and salary are similar.

Thanks and Regards,
S*
 
naakokaGCkavali....

naakokaGCkavali,
Since you haven't filed AC21 informing the USCIS of your joining new company, how come you got RFE. I mean to say how did USCIS come to know of your company change? In any way it is advisable to file AC21.Job describtion(duties) are more important than the job title.
Good Luck
 
Hi Vin_gc

Thank you for your reply.
I don't know how INS knows about my job change.
I had my finger prints on 20th of Jan.

Thanks,
S*
 
naakokaGCkavali said:
Hi All,

I lost my job in company A after I-140 got approved and I-485 is in
the process for 10 months. I have joined company B on 7th Feb 2005.
I have received an RFE on 10th Feb 2005 for Employment letter from
current employer.

My Questions are:
1. Do i need to send any information for AC21 portability along with the
company B Employment letter?
--------- new employer letter+ letter from you that you have changed Intent and would like to work permanently after I-485 approval with New employer ABC
2. Does the job description need to exactly match as in Labour Certification?
Job Title and salary are similar.
-------- just write the same job title and duties( if duties match 80% they dont care if your employer is redy to give you letter with SAME duties better)
Thanks and Regards,
S*
Click to expand...
 
Hi Ginnu,

Thank you for the information.
Job description from the current employer(slightly matching with the description in ONET) is better than the previous employer. Mainly the programming languages are same in both the descriptions except for one technology.
Duties may be matching 70 to 80%, but the wording is totally different.

Thanks,
S*
 
vin_gc said:
naakokaGCkavali,
Since you haven't filed AC21 informing the USCIS of your joining new company, how come you got RFE. I mean to say how did USCIS come to know of your company change? In any way it is advisable to file AC21.Job describtion(duties) are more important than the job title.
Good Luck
Click to expand...
USCIS can send RFE anytime, u change jobs or dont dosent matter.
 
naakokaGCkavali said:
Hi Ginnu,

Thank you for the information.
Job description from the current employer(slightly matching with the description in ONET) is better than the previous employer. Mainly the programming languages are same in both the descriptions except for one technology.
Duties may be matching 70 to 80%, but the wording is totally different.

Thanks,
S*
Click to expand...
------- dont care about ONET, if your employer is ready to give you letter with SAME job duties that is best for you, what is the problem writing the same job duties?
 
naakokaGCkavali said:
Employer is not ready to give the same duties...
Its a big company...
I don't know what to do???
Click to expand...
--- search for new employer who is ready to give you futre job offer in same/similar job duties or talk to your lawyer
 
naakokaGCkavali said:
Hi Ginnu,

Thank you for the information.
Job description from the current employer(slightly matching with the description in ONET) is better than the previous employer. Mainly the programming languages are same in both the descriptions except for one technology.
Duties may be matching 70 to 80%, but the wording is totally different.

Thanks,
S*
Click to expand...
Dont quote me on this but job duties dont need to match exactly. If you had x,y,z skills in LC then AC-21 can contain only those keywords x,y,z and you should be good to go. In other words your new job is 'similar' to LC and that should be ok with USCIS.
This is just from what I've heard.
 
70-80% of duties matching, similar description in ONET - what seems to be the problem here. Looks like a perfect example of AC21's "same or similar".
 
naakokaGCkavali,

You're not alone. I joined a gargantuan company and they will not provide a concise, matching job duty list but instead some overbloated generic description. My new attorney says it's sufficient to be somewhat similar just to show that you're still doing the same basic things in the same type of industry (i.e. NOT: "before I was a software engineer now I'm a short order cook").
 
Hi maybesomeday,

Let us hope your Lawyer is right in this...
I am also trying to contact my new company lawyer...
Once i get some information i will post it.

I found the following information on murthy.com website:
------------------------------------------------------------------------
The new job offer is in the same or similar occupational classification as the job for which the certification or approval was initially made.

The June 2001 INS Guidance also refers to the U.S. Department of Labor's Dictionary of Occupational Titles (DOT) or on-line O*NET Classification System or similar publications. Again, AILA recommended that the INS broaden its definition of same or similar job title and not make it very narrow and restrictive by requiring that the new employer's job match the DOT or similar publications, since AC21 does not appear to require such a narrow interpretation.

Since the June 2001 INS Guidance explains that the INS is currently formulating proposed regulations with respect to the issue of the same or similar job, INS adjudicators, in order to establish a policy framework in which they adjudicate Section 106(c) benefits, are required to consult with INS Headquarters on a case by case basis before denying any case on the basis that the new job is not in the same or similar classification. We at the Law Office of Sheela Murthy believe that this is a good starting place for the INS, since INS adjudicators cannot deny the adjustment application for a person without consulting with the INS Headquarters.
--------------------------------------------------------------------------

If it is same or similar occupational classification, i found only one for Software Engineers in ONET website.

Regards,
S*
 
maybesomeday said:
naakokaGCkavali,

You're not alone. I joined a gargantuan company and they will not provide a concise, matching job duty list but instead some overbloated generic description. My new attorney says it's sufficient to be somewhat similar just to show that you're still doing the same basic things in the same type of industry (i.e. NOT: "before I was a software engineer now I'm a short order cook").
Click to expand...
That is exactly what I was saying.

If your LC says IT job with x,y,z as skills in it, the AC-21 can contain x&y or y&z or x&z
or even just x or y or z.

I believe AC-21 will not be accepted only if lets say somebody was initially working in IT and now works in a job not related to IT in any way.
 
Thank you fast_gc_seeker,

I have sent both my previous description and the current description to a lawyer. He said they look sufficiently similar and no need to change.
still not heard from my company's lawyer... I am waiting for their input...
I will keep you guys updated...

Thanks,
S*
 
I have a question. What about the following job titles? "Software Engineer" and "Software test engineer". Do both of these titles & corresponding job duties qualify for AC21? My question if somebody's LC is filed as a software engineer, can they switch to a new employer as a software test engineer using AC21? Is this a valid AC21 case? What are the risks in it? Thanks.
 
kris2500 said:
I have a question. What about the following job titles? "Software Engineer" and "Software test engineer". Do both of these titles & corresponding job duties qualify for AC21? My question if somebody's LC is filed as a software engineer, can they switch to a new employer as a software test engineer using AC21? Is this a valid AC21 case? What are the risks in it? Thanks.
Click to expand...
This has been answered many times. Job title dosent matter. Job duties should be same or similar.
 
I-485 got approved

Hi All,

My I-485 got approved yesterday. :)
here are the details:

RD : 02/25/2004
FP : 01/19/2005
RFE : 02/10/2005
RFE rcvd : 03/23/2005
1st LUD : 03/29/2005
2nd LUD : 03/30/2005
Aproved : 03/31/2005

I am waiting for approval notice...

Thank you all for great support...
wish you good luck for all of those waiting for I-485 approvals...

Best Wishes
S*
 
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