AC21 - Similar Job and Sallary

A

all_green

New Member
Hi. I'm looking for answers on AC21. Could someone help?

My green story (employement based - skilled worker):

1) May 2000 - transferred in US with L_1 visa
2) May 2001 - LC approved with Company_A
3) Feb 2002 - I-140 approved - Skilled Worker or Professional
4) Mar 2002 - I-485 filled ( SRC-02-XXX). Receipt Notice March 15 2002
5) Mar 2003 - mass layoff in Company_A, including me.
6) Jan 2004 - address change in a neighborhood county, INS informed
7) Apr 2004 - finally new job with the State of Florida ( Agency_A )
- INS not updated - at least not by me or my attorney
8) May 2004 - Case transferred in West Palm Beach FL (one month after new job)
9) Jun 2004 - second FP notice for mid July 2004 (1 FP completed in April 2003)

Likley I have to face an interview with local INS and I'm wondering about my AC21 compliance:

1) The sallary on LC is listed as 64.596$/year. I currently make 55.250$/year.
It is 14% less. Would that be an issue in general or particulary in Miami
or WPB? Anyone interviewed in Mia or WPB - your feedback is highly
appreciated.

2) Job similarity:
My LC is approved as follow:
Job Title: Principal Member of Technical Staff 030.062-010
Duties : Develop, test, debug, implement Product_Name software
write functional specification for required features
work within a team environment and posess strong communication skills

That's all is written - poor isn't it ?.

However on my previous experience (same ETA 750 form) I have listed more
- software developed for communication protocols
- system test for Product_Name
- generated/test data base for Product_Name
- designed, administered, monitored optimized networks
- hardware troubleshooting, upgraded servers/workstations
- managed TCP/IP connections.

a) Would they consider also my previous experience when looking for job similarity?

b) I currently work as Electronic Staff Engineer. The job description is 2 pages. Briefly:
The position demonstrates considerable technical competence to perform installation, maintenance and repair to the Agency microwave and two-way radio communication systems. Assist in the development of analog and digital communications and engineering projects. Assists technical staff in the identification and resolution of radio, computer network and telephone related problems. Supports and manages contracts for the installation and maintenance of microwave, two-way radio, computer network equipment and telephone circuits. Selects, tests and evaluates new communication networking technologies. Summarizes and reports significant work through technical publications. At times this position may train, lead and/or assist less experienced personnel

As can be seen nothing about software but a lot about telecom. I was a telecom software developer in Company_A. Would my current position be similar with the one in LC?

c) I could get the follwing position: System Analyst/Programmer
Provides highest level of professional computer support to scientists, engineers, and Engineering Associates. Responsibilities include scientific, engineering, and administrative computer application systems, design, debugging, training, documentation, and maintenance; troubleshooting computer related problems; increasing users skills in using applications, software, and systems; and providing/managing appropriate computer resources to support information needs.Most assignments and projects at this level are characterized as complex to highly complex. Serves on information systems committees, and participates in information systems projects and initiatives, often in a lead role. Position may supervise less experienced or contractual analysts/programmers. Position may also act in a consulting capacity for systems needs analysis, planning, budgeting, upgrades, installations, and troubleshooting.

Would that be similar with the one in LC?

d) Bottom line - with 14% less salary and a job description like b or c would INS consider that I meet AC21 criteria (during the interview)?


Thanks
all_green
 
Thank for answer.

<< Job/salary variations OK. >>. AC21 says is OK if job the same or similar, meanning job variation acceptable as time as similar with the LC one. Nothing in the law about salary.

1) My layer says my job IS similar with the LC one but he didn't looked in the Dictionary of Titles.

However on this forum I see being considered the Job Title/Skills/Duties/Salary. And my job title IS NOT the same with the LC one, Skills are just briefly and somehow technical mentioned in my LC so is not easy to compare with the ones of my current job, while duties do not match very clear. In real terms I have a similar job with the one in LC (from telecom software developer to either System_Analyst/Programmer or Electronic Engineer with telecom responsabilities. ). What I am wondering is if an immigration officer (nontechnical guy) would interpret the same based on the text of the original posting. Eventually if he/she would consider/belive my arguments during the interview.

2) Sallary: My layer told me that I risk going with a lower salary because the majority of the BCIS offices require same or higher salary. They would accept 5% less, but for more less I bet on luck (depends on office or even on the immigration officer). Feedback from cases with lower salary that 5% is highly appreciated. In particular if processed in Miami or WPB.

Thanks
a_g
 
Still unclear about job similarity

I have 5 questions (repost relevant info from previos posting):

My LC is approved as follow:
Job Title: Principal Member of Technical Staff 030.062-010
Duties : Develop, test, debug, implement Product_Name software
write functional specification for required features
work within a team environment and posess strong communication skills

Education: BSEE, BSCE, BSCS (I am BSEE)

That's all is written.

However on my previous experience (same ETA 750 form) I have listed more
- software developed for communication protocols
- system test for Product_Name
- generated/test data base for Product_Name
- designed, administered, monitored optimized networks
- hardware troubleshooting, upgraded servers/workstations
- managed TCP/IP connections.

With my current employer I could get the one of the following job decriptions:

Electronics Engineer: 003.061-030 (Dictionary of Titles)
System Analyst/Programmer: 030.167-014 (Dictionary of Titles)

The gov will not customise for me a job decription so the job skills and duties I will get from their letter will be close with the ones in DOT, and maybe not so clse to the ones in LC. That's why I expect the INS to look at DOT or Q*Net in my case.

Questions:

1) Is my LC job as decribed and classified by Dept. of Labor similar with Electronics Engineer DOT code 003.061-XXX?

2) Is my LC job as decribed and classified by DOL similar with System Analyst/ Programmer DOT code 030.067-XXX? I may be able to get a 030.062-XXX but I'm not sure. What to choose between 1 and 2.

3)Produc_Name identifies a telephony switch. Is that a skill INS would look for in my new job decription? (hope not - it's company specific)

4) My LC states 64.590$/year, I make 55.240$/year with the gov. Is that an issue in Mia?

5) According with DOT the job 030.062-010 (software engineer) should be related with 030.067-XXX (System Analyst/Programmer) .
Crosswalk between DOT and Q*NET shows
030.062-010 <=> 15.1032.00. But Q*NET does not list the System Analyst/Programmer as "Related Occupation". Are those "Related Ocupations" the sinle one considered by INS similar with the reference job?

http://online.onetcenter.org/crosswalk_search O*Net
http://www.oalj.dol.gov/libdot.htm DOT

If you know other gurrus dealing with that kind of issue please send me their contact info.

Thanks
Hopeful green
 
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