AC21: Similar job but HIGHER salary and different title

S

santosh_30

Registered Users (C)
Hello all:

I would really appreicate some input on the following questions:

I meet the requirements for AC21 (I-140 approved and more than 6 months since 485 application).

My questions are as follows:
a) USCIS says the new job should be in same or similar occupational classification. I meet that requirement. But my title will be different. Does that matter?

b) I will be working in a SENIOR position in the SIMILAR occupation. Does that matter, i.e., do they prohibit PROMOTION in the same occupational classification?

This essentially boils down to the question of whether the requirement is "same or similar occupational classification" or "same or similar job"?

c) Finally, they say that a discrepance in the salary of the new and old position may be considered as a reason to investigate if the new job is "same or similar". My new salary will be substantially higher (25-35%). Would a high salary be a problem? Or there is cause for concern only if the new salary is lower.

Your comments woudl be greatly appreciated.

Thanks,

Santosh
 
The law says, it is the same/similar occupational classification not the job title. Therefore it is ok. Except in IT field, no companies will give same title. Occupation is different and job title is different.

INA § 204(j): JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D) [sic]6 for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
 
perm_lc, Thanks for that PDF that you posted.
But how deep does USCIS go to decide same/similar job? Do they go by each line by line of job function described in LC/140 and the job functions mentioned on new employer's EVL? how much does it have to match those magic words on LC/140?

thanks,

perm_lc said:
The law says, it is the same/similar occupational classification not the job title. Therefore it is ok. Except in IT field, no companies will give same title. Occupation is different and job title is different.

INA § 204(j): JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D) [sic]6 for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
Click to expand...
 
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DSLstart said:
perm_lc, Thanks for that PDF that you posted.
But how deep does USCIS go to decide same/similar job? Do they go by each line by line of job function described in LC/140 and the job functions mentioned on new employer's EVL? how much does it have to match those magic words on LC/140?
----------- it should match 70/80% as on LC form ETA 750A item 13
thanks,
Click to expand...
 

My guess, as a liberal standard, the new job function should in line with description of the occupation as mentioned in ONET or DOT.
 
If you look at Yates memo closely, no where it says deny the petition on basis of difference / unsimilarity between job. Where as for all the other conditions it does say deny petition.

dcmetro22042 said:
The other Q, how much raise does sound an alarm for them? 20%/30%/40%??
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How about what happens in reality? Is there any proof either ways? Just wondering if you all read and or heard any denials based on wages...
 
dcmetro22042 said:
How about what happens in reality? Is there any proof either ways? Just wondering if you all read and or heard any denials based on wages...
Click to expand...

My LC iirc was for $70,000 and I was approved at interview making $90,000. The examiner never even raised an eyebrow. Generally speaking, the longer since your LC, the more your wage can go up due to general inflation and career progression.
 
hmm. well, I am considering a move and shall be looking out for jobs. Obviously I am expecting a 30% pay increase.
One more Q. How does USCIS treat a move to smaller firms with only a few employees? Sometimes they're great for independent consulting.
 
You just scared me! Yes, my case was downgraded to EB3. But how was it filed improperly when we filed as EB-2 and they downgraded it? My lawyer has not renewed my H1B since my EAD was renewed ( and approved) recently. Are you saying that my EAD/AP are at risk at well? Why though? Why shall they approve EAD and AP renewals then?
NSC is looking at 11/1/05 (per AILA website) and my RD is 10/30. Does that mean that my RFE should be expected anytime or that my 485 might be cancelled anytime? Can I travel on AP though?

Please clarify as your last post just scared me. You can use PM as well.
 
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dcmetro22042 said:
You just scared me! Yes, my case was downgraded to EB3. But how was it filed improperly when we filed as EB-2 and they downgraded it? My lawyer has not renewed my H1B since my EAD was renewed ( and approved) recently. Are you saying that my EAD/AP are at risk at well? Why though? Why shall they approve EAD and AP renewals then?
NSC is looking at 11/1/05 (per AILA website) and my RD is 10/30. Does that mean that my RFE should be expected anytime or that my 485 might be cancelled anytime? Can I travel on AP though?

Please clarify as your last post just scared me. You can use PM as well.
Click to expand...

Just ask a simple question if you submit your case as EB3, could you be allowed to submit I485 at that time or not.
If yes, you are fine.
If no, there is a chance of risk of I485 and all other papers get rejected.

Here is 2 similar stories I hear that people asking a Asian lawyer on VN radio:
Story 1:
"He escaped from VN and stucked in the Hong Kong. In order to get to the US, he pretented to be a son of his ant who came to the US before, so she could sponsor for him. Now, he is US citizen. He reclaims back his parents and sponsors them to the US. The worst thing is his parents' petitions were not approved and he got a deportation letter from USCIS and his citizenship is revoked. Since VN does not accept US deporter, he is safe until the law is change in VN but having nothing. He does not know why it happened and ask a lawyer."
A lawyer answers " If you did not false claim to be son of your ant, were you elligible of comming to the US? Of course not ..."

Second story:
" He was a child of American soldiers (noone knows who since his mom got raped by American soldiers - don't supprise since this is very normal :D ) during the war. When he was interview, he reports another woman and her children as family (this is normal and happens a lot) because of money. They went to the US. Now, he thinks back and likes to sponsor for his real mom to the US. He asks if he could do that"
The lawyer said "Of course, he could do that since if he told the true before, he still got his ticket to the US"

Think about that and apply to your case.
 
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Do I need to inform to the INS that I am switching employer ?

Hi friend, probably you could help me,

My I-485 was submitted in dec 12th, 2004, more than 18 months.

I have received an information the company wants to put me back in my country but my family is not happy with this.

I found a company who offered me to sponsor while the green card be received as it is just around the corner (I guess another 10 more months). My question is, this company will pay less money than the first one, and the job will be quite different as it was when the Department of Labour approved my I-140, with my current employer, I was described as an expert in telecommunication field. And the offer I have now is as a manager with staff under my care and budget management, as I have a MBA

Do you know if the current company has the right to stop my Green Card process ?
It is possible if I have other employer who could corroborate I am with them ?

Do I need to get an attorney writing a letter for the INS to inform I am with a new employer, with an earning of...and doing other job as IT management ?

I need to take a decision if going back with my current employer or accept the new sponsor, as I am not sure If USCIS will grant I will receive my Green Card.

How I could give continuity to my GC process and then to be ready to show proof to the guvernment if they ask me to show proof that I have an full-time employment ? It is necessary to hire an attorney for this ?

This is the response received from the Company attorney:
Hi Enrique: if your US employment with Equant should terminate and you
found another full-time, permanent job in the United States in a similar
occupational classification, then you could continue with the current green
card process. You would not need to take any immediate steps, except that
if the government calls you in for an interview or sends you a letter for
proof that you still have a US job offer, then you would need to provide
proof that you have secured full-time employment.

Do you how to understand that ?
Here below is the status I have form my process.
03/11/2005 - I-140:16. Received I-140 Approval Notice
01/25/2005 - I-765:06. Received I-765 Approval Notice from USCIS
01/25/2005 - I-765:18. Received I-765 Approval Notice for family member
01/05/2005 - AOS:15. Received I-485 I-765 and I-131 Receipts from USCIS
01/05/2005 - I-140:11. Received I-140 Receipt from USCIS
12/20/2004 - AOS:08. Received signed AOS forms from foreign national
12/20/2004 - AOS:105. I-140, I485, I-765 and I-131 filed with USCIS for foreign national and family
I really need to take a decision based in the information I receive, and if you advise me to go with an attorney, I will do it, but it is really necessary considering where I am with GC process ?

Thank a lot for all your help in this matter

Sincerely Enrique
 
enrique soto said:
Hi friend, probably you could help me,

My I-485 was submitted in dec 12th, 2004, more than 18 months.

I have received an information the company wants to put me back in my country but my family is not happy with this.

I found a company who offered me to sponsor while the green card be received as it is just around the corner (I guess another 10 more months). My question is, this company will pay less money than the first one, and the job will be quite different as it was when the Department of Labour approved my I-140, with my current employer, I was described as an expert in telecommunication field. And the offer I have now is as a manager with staff under my care and budget management, as I have a MBA
NB: If it is the same code, you are fine, but it seems both jobs are completely different. Any RFE will cause your case rejected since you are not elligible for AC21 with the new job.


Do you know if the current company has the right to stop my Green Card process ?
NB: No they are not, BUT they have the right to withdraw the I140. I am sure they will, so they could use your Labor as Sub. Labor for other employee. I140 withdraw will trigger RFE and could be I485 rejected.

It is possible if I have other employer who could corroborate I am with them ?
NB: You mean fraud ? This is not the forum to discuss illegal thing.

Do I need to get an attorney writing a letter for the INS to inform I am with a new employer, with an earning of...and doing other job as IT management ?
NB: Yes, if you think the old company will withdraw the I140, you should do that but be carefull about the letter :)

I need to take a decision if going back with my current employer or accept the new sponsor, as I am not sure If USCIS will grant I will receive my Green Card.

How I could give continuity to my GC process and then to be ready to show proof to the guvernment if they ask me to show proof that I have an full-time employment ? It is necessary to hire an attorney for this ?
NB: This is up to you.

This is the response received from the Company attorney:
Hi Enrique: if your US employment with Equant should terminate and you
found another full-time, permanent job in the United States in a similar
occupational classification, then you could continue with the current green
card process. You would not need to take any immediate steps, except that
if the government calls you in for an interview or sends you a letter for
proof that you still have a US job offer, then you would need to provide
proof that you have secured full-time employment.

Do you how to understand that ?
NB: In the good case, it is what you need to do. Are you sure your old employer will keep your green card process and not withdraw your I140 to re-use your LC for other employee?

Here below is the status I have form my process.
03/11/2005 - I-140:16. Received I-140 Approval Notice
01/25/2005 - I-765:06. Received I-765 Approval Notice from USCIS
01/25/2005 - I-765:18. Received I-765 Approval Notice for family member
01/05/2005 - AOS:15. Received I-485 I-765 and I-131 Receipts from USCIS
01/05/2005 - I-140:11. Received I-140 Receipt from USCIS
12/20/2004 - AOS:08. Received signed AOS forms from foreign national
12/20/2004 - AOS:105. I-140, I485, I-765 and I-131 filed with USCIS for foreign national and family
I really need to take a decision based in the information I receive, and if you advise me to go with an attorney, I will do it, but it is really necessary considering where I am with GC process ?

Thank a lot for all your help in this matter

Sincerely Enrique
Click to expand...

If you want to stay in the US, the best thing is to negotiate with your current employer to keep your GC process in place. You could have chance to get your GC. In parallel, looking for another job which has the same job code with your LC and switch job ASAP (to avoid for USCIS asking for employment letter).

If they don't agree, may the force be with you. The game you play is the risk game.
 
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