AC21- job descriptions review please ...

eb3pd2001

Registered Users (C)
Hi folks,

My PD is 7/2001 (EB3 India) and I am seriously thinking of changing jobs using AC21 - I am in pretty much the same position since May 2000! I am not sure if I can stay in the job anymore - because of low pay and no appreciation from the company!!

Due to some reasons my original EB2 application of 5/2001 was pulled off by my company in 3/2002 :mad: and in 11/2004, they filed i-140+1485 concurrently using a EB3 substitution.Since then there has not been much progress, as you know for EB3.

The substitution from 7/2001 originally has the following job description:

OLD (original labor) job desc (Systems Engineer) 7/2001:

Design, maintain, implement and configure relational database management software utilizing JCL in an OS 390 and IBM mainframe (MVS) environment. Analyze user and data requirements and provide application specifications and support on multiple platforms. Amend relational database management software and enhance system performance in order to meet clients' needs. Conduct system needs analysis and business studies and based upon analysis, provide recommendations to clients and oversee product implementations and installations. Work closely with clients to determine their information technology needs and strategies.



CURRENT job desc in approved I-140 (RD 11/2004, AD 2/2005)
i-485 (RD 11/2004) PD substitution: SOFTWARE ENGINEER
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Develop, analyze, evaluate, debug and document business rules management/application software utilizing a business rules product in an UNIX, Linux, Windows environment. Apply application development techniques in various business functional areas to develop and implement business applications software. Install tested products and provide product expertise in the resolution of complex technical problems and validate product functionality. Analyze, review and amend business rules management software configurations to increase operating efficiency and adapt to new requirements based upon client's needs.


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To me the job desc in the current i-140 looks general enough that I can apply for another software engineer job in a different company using AC21.

Any feedback on the above job description? (mainly the one from 11/2004).

tia,
Jessica (Eb3 India PD 7/2001)
 
Similar Situation

I can relate to your frustrations, I have been hooked and cooked with the same company since 2000 with a PD of 11/01. I have been trying to jump ship in a wireless industry with software background. I think it is a very tricky situation and should run it by a good lawyer before you switch just for sanity and integrity check.

Good luck!

A
 
I agree

I exactly feel the same way... been in the same job since june 2001! Feel like I have been caged in.

From what I understand in AC21 memo, the job descriptions should map to same O*NET codes. You can find you O*NET code on your 140 approval. If your new job description maps to the same O*NET code then its good. Ofcourse consult a lawyer and he should be comfortable with the new job descriptions.
 
I exactly feel the same way... been in the same job since june 2001! Feel like I have been caged in.

From what I understand in AC21 memo, the job descriptions should map to same O*NET codes. You can find you O*NET code on your 140 approval. If your new job description maps to the same O*NET code then its good. Ofcourse consult a lawyer and he should be comfortable with the new job descriptions.


What's a O*NET code? I could not find any such code on the 140 approval notice. Can you point out exactly which section of the notice could I find it.
 
its in labor approval

What's a O*NET code? I could not find any such code on the 140 approval notice. Can you point out exactly which section of the notice could I find it.

Its in (PERM) Labor Approval (not in I140 approval). Its in section F, field 2 called "SOC/O*NET code"

Refer to the following document: http://www.shusterman.com/pdf/ac21-51205.pdf to see how the SOC code can be used to determine if the occupation is same or similar.
 
I took an appointment with Murthy tomorrow so I can proceed with invoking AC21, change of attorney to Murthy etc.

Sounds exciting and scary (no kidding!) to finally proceed with the switch.

I had "SYSTEMS ENGINEER" in the 2001 Labor, SOFTWARE ENGINEER in (Subs) I-140. Now, I might get to a job title that says SOFTWARE ENGINEER or Sr. SOFTWARE ENGINEER. If Murthy thinks its best to stick with a software engineer title, I will just pick the one without the "Sr."
 
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