AC21 Portability with different SOC code

M

manask2010

New Member
Here is my case

1. I am employed with my current employer A who has filed for my GC.
2. My GC petition was filed with SOC code of 15-1031 (Computer Software Engineers, Applications)
3. My priority date is March 2007 under EB2

I have a job offer from employer B and want to transfer on EAD, but based on the job desc and title

4. The filing SOC code would be 11-3021 (Computer and Information Systems Managers)
5. The job desc between the one in Perm and the new one could have little similarities but that is very subjective

Would filing it in with that SOC code difference be a great risk for I-485 adjudication ?

Pls comment/advice.

Has anyone come across similar cases/experience

Thanks
 
IMO

You would best serve yourself by presenting both job descriptions to an experienced business immigration attorney for a professional opinion on that to avoid endangering your chances at a greencard.
 
A lawyer from company B said they could argue it is similar but it is a borderline case and gave the reasons that I outlined in the post.

Would like to know if anyone else has had experience similar to mine.
 
manask2010 said:
Here is my case

1. I am employed with my current employer A who has filed for my GC.
2. My GC petition was filed with SOC code of 15-1031 (Computer Software Engineers, Applications)
3. My priority date is March 2007 under EB2

I have a job offer from employer B and want to transfer on EAD, but based on the job desc and title

4. The filing SOC code would be 11-3021 (Computer and Information Systems Managers)
5. The job desc between the one in Perm and the new one could have little similarities but that is very subjective

Would filing it in with that SOC code difference be a great risk for I-485 adjudication ?

Pls comment/advice.

Has anyone come across similar cases/experience

Thanks
Click to expand...

To make it simple on the job offer letter of B why don’t you get the job duties same as on your LC? If you have the copy of LC then let the new employer write the same job duties on it. USCIS don't care much about Job Title. If the job duties are similar on job offer letter of new employer then I don’t see problem. USCIS only care about same/similar job duties on job offer letter. GC is for future job after I-485 gets approved and you are invoking AC21 with your pending I-485 that is for future job.
You can read the AC21 Memo from USCIS.
 
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