AC21 Similar Job Qn?

140seekerJune

Registered Users (C)
What is similar job means? Can I move from one technology to other? I mean for example from Visual Basic to Visual C++? Does the designation need to be same also?
 
140seekerJune said:
What is similar job means? Can I move from one technology to other? I mean for example from Visual Basic to Visual C++? Does the designation need to be same also?
I read this somewhere... It is understood that the similar job is expected to mean within the same industry performing similar functions... for example... if you are a baker, you could bake not just bread but also Pizzas, pastries etc.

Similarly, if you are a programmer, you have skills to not just program in one lanaguage but several of them....

as for as the designation goes, it does not matter what you have for a title as long as the new job falls under the same OCC code for which your labor was certified. the OCC codes are available under...

http://www.oalj.dol.gov/public/dot/refrnc/dot01b.htm

your approved LC shd tell you what OCC code you were approved under....

Please check with a competent attorney before proceeding...What I have said above is purely my understanding of the AC21 law and its implementation.

Good Luck & Cheers
 
Okay

So what matters is the OCC code.

Right now I develope software for small hardwares. I am planning to move from the system software development to web and content management. So its a jump from Visual C++ to .net.

Appreciate your feedback.
 
the operative text for job function for the purposes of AC-21 is whatever was written in the labor certification (LC) application that was filed on your behalf, and which forms the basis of your EB immigration process.

job descriptions in LC applications are usually based on dept of labor's OCC codes, and are generalized enough (within the confines of an OCC code) in that they will usually mention, for example, "programmer", and not "visual c++ version x programmer". so as long as your new job matches in title and description whatever was laid out in your LC (or if you can get your new employment letter to read that way;)) then you are fine.

of course, don't take what i say as gospel; consult a qualified attorney.
 
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