Attn: Ginnu Or Real Canadian !!! Pls. help...................

A

abc94536

Registered Users (C)
Friends! esp. those who are in Software industry....need help..

I had to join this new permanent position as my previous project got over and was not getting new assignement. Fortunately /unfortunately, this new assignment is in higher role than I previously was. I applied my 140 /485 as EB3 under Software Engg. category and now my this new job is as - Project Manager - Software Solutions. JUST To GIVE YOU AN EG: My earlier job profile was like - design, develop, implement software solns....and this new job entails - managing design , development and implementation of software solutions and the usual PM stuff.

1)
My attorney says that my job profile & title doesn't match with my labor /140 /485 - pls. help me how can I file my AC21?

2) a.
How imp. is job title?...if i can have my new employer write job profile close to the Software Engg. role desc.....will it be sufficient?


2) b.
How about have a job title - .....as so and so is working with us as "Software Engg. " under title 'Project Manager' ?? Any ideas or suggestions???

3)
Also, do we need to mention salary figure in the letter from new employer?

4)
As I was getting very very low salary and was being exploited badly - my new salary is ~25k /annum more - will that make a difference?

Thanks !!!
----------------------------------------------------------------------
EB3 - PD - 02/2003
140/ EAD /AP - approved - RD - 02/2004
 
abc94536 said:
Friends! esp. those who are in Software industry....need help..

I had to join this new permanent position as my previous project got over and was not getting new assignement. Fortunately /unfortunately, this new assignment is in higher role than I previously was. I applied my 140 /485 as EB3 under Software Engg. category and now my this new job is as - Project Manager - Software Solutions. JUST To GIVE YOU AN EG: My earlier job profile was like - design, develop, implement software solns....and this new job entails - managing design , development and implementation of software solutions and the usual PM stuff.

1)
My attorney says that my job profile & title doesn't match with my labor /140 /485 - pls. help me how can I file my AC21?
-------- just send the new employer letter with same job title and job duties( USCIS officer is not going to see what you do or dont do and stay away from that attorney
2) a.
How imp. is job title?...if i can have my new employer write job profile close to the Software Engg. role desc.....will it be sufficient?
------ they dont care much about the job title , they will look at job duties

2) b.
How about have a job title - .....as so and so is working with us as "Software Engg. " under title 'Project Manager' ?? Any ideas or suggestions???
---------- I would prefer write what is on LC. XYZ joined companyABC on date.... his job is full time and his job duties are............
3)
Also, do we need to mention salary figure in the letter from new employer?
---------your can mention but they dont care about salary
4)
As I was getting very very low salary and was being exploited badly - my new salary is ~25k /annum more - will that make a difference?
----- if it is more salary good for you and let the employer write it
Thanks !!!
----------------------------------------------------------------------
EB3 - PD - 02/2003
140/ EAD /AP - approved - RD - 02/2004
Click to expand...
 
Thanks Ginnu -
So If I understood correctly - I can go ahead and procure Employment Verification Letter from my new employer with my new title as 'Project Manager' though the Labor says as 'Software Engineer'? Kindly confirm once again.....Thx!

Also, Iam still with a lawyer and in the midle if I go ahead and send this AC21 on my own how will it affect me legally?- meaning will the lawyer representation be automatically calcelled?

thanks!
 
abc94536 said:
Thanks Ginnu -
So If I understood correctly - I can go ahead and procure Employment Verification Letter from my new employer with my new title as 'Project Manager' though the Labor says as 'Software Engineer'? Kindly confirm once again.....Thx!
------ if the new employer has no problem writing Software engineer I will ask to write that and if he does not agrree then write project Manager( I still prefer 'Software Engineer' becase it will not confuse the officer and officer may not dig more)
Also, I am still with a lawyer and in the midle if I go ahead and send this AC21 on my own how will it affect me legally?
------------ you CAN send the AC21 directly to USCIS, Your intent change letter ( see the sample or search the sample it has been posted in this thread)+ new employer letter+ I-485 filing reciept copy( keep the copy of each document that you send to USCIS and send it with certified return reciept, out side the envelope write in big bold letters" request to invoke AC21 for pending I-485
- meaning will the lawyer representation be automatically calcelled?
------ if you write on the cover letter that you revoke the G28 filed by lawyer XYZ then he will not be representing you and you can request that any communication should be sent to you. if you dont revoke G28 then the lawyer on record with your I-485 file will recieve the FP copy or if any RFE

thanks!
Click to expand...
 
Same situation

Hi Ginnu (abc94536 - did not mean to hijack your thread),

I am in the same situation as "abc94536", only difference is my company is merged & title mappings/duties are different.

Now, since this is a successor-in-interest case, RealCanadian advised me to wait for an RFE for EVL & then argue saying it is the same job & worst case declare AC21. However, my present merged company is not yet giving me same title/description as of yet (I am trying to lobby diplomatically but not working). What should i do, right now ?

(1) send in AC21 documents right away before the RFE is issued ? - this is so because there will be only 1 chance to reply to the RFE in which i need to argue that this is a merged company (only 1 document i have that states the company is merged) & also say that the backup is AC21 & attach all documents.

(2) Just wait & watch for an RFE & then react ?

(3) Can i somehow legally tell the merged new company that they have to & must issue me the same duties request since it is a successor-in-interest company it has a liability to issue me the same duties ?

Thanks mucho !
 
I_want_gc_too said:
Hi Ginnu (abc94536 - did not mean to hijack your thread),

I am in the same situation as "abc94536", only difference is my company is merged & title mappings/duties are different.

Now, since this is a successor-in-interest case, RealCanadian advised me to wait for an RFE for EVL & then argue saying it is the same job & worst case declare AC21. However, my present merged company is not yet giving me same title/description as of yet (I am trying to lobby diplomatically but not working). What should i do, right now ?
----- follow the advice of RealCanadian
**** you will need the EVL letter now or when they send RFE to use AC21
(1) send in AC21 documents right away before the RFE is issued ? - this is so because there will be only 1 chance to reply to the RFE in which i need to argue that this is a merged company (only 1 document i have that states the company is merged) & also say that the backup is AC21 & attach all documents.
------------- you can send the AC21 letter if employer gives you the letter in same/similar job duties
(2) Just wait & watch for an RFE & then react ?
--that is upto you
(3) Can i somehow legally tell the merged new company that they have to & must issue me the same duties request since it is a successor-in-interest company it has a liability to issue me the same duties ?
-----I dont think they have liability to issue me the same duties, if they dont give you letter find new employer
Thanks mucho !
Click to expand...
 
Ginnu,

I want to go back on my original issue and evaluate how bad my chances of approval are - with the change in title - from software engg. to 'project manager' (my current one)?

Do you advise to go ahead and file for AC21 Or wait till an RFE /NOID comes?

One of my managers mentioned - he can try, though not confirmed - to atleast get the letter as - '......working as software engg with company's internal title as project manager.....' Will this be any better?

Also, is it true that once I have applied AC21 I cannot apply another one for 6 mths? Is there a limit on no. of times /period /gap -in which I can use AC21?

If AC21 not applied and if RFE comes - can somebody immediately switch to the SW engg (same title /desc) and get the EVL letter accordingly? In other words when RFE on EVL comes do we need to provide letters from all the employers one may have changed since applied for 485 OR just the most recent one is good enough?

Thanks again!
 
Last edited by a moderator:
abc94536,

its all in how you phrase it, start with something that matches more or less with what you have in your labor, if they have a problem, sit with your HR and negotiate.

eg: remove the word "managing", and similar words that might go against your labor job duties and dont mention it to ur HR but see if they can make you such a letter.

I had to do a number of back-and-forth with them. Finally got one somewhere inbetween, not the best letter in the world but I can live with it.

you might want to mention pay, esp. since you are getting more than your LC figure.

With people like Ginnu in this forum, be assured you are fully coverd :)

Good luck.
 
Thanks you and I do appreciate everyday the comments from vetrans like Ginnu and Real canadian etc. Its a great help!!!

While I am trying to get the job duties align with LC, my biggest concern is over the title. Once again -

I want to go back on my original issue and evaluate how bad my chances of approval are - with the change in title - from software engg. to 'project manager' (my current one)?

Do you advise to go ahead and file for AC21 Or wait till an RFE /NOID comes?

One of my managers mentioned - he can try, though not confirmed - to atleast get the letter as - '......working as software engg with company's internal title as project manager.....' Will this be any better?

Also, is it true that once I have applied AC21 I cannot apply another one for 6 mths? Is there a limit on no. of times /period /gap -in which I can use AC21?

If AC21 not applied and if RFE comes - can somebody immediately switch to the SW engg (same title /desc) and get the EVL letter accordingly? In other words when RFE on EVL comes do we need to provide letters from all the employers one may have changed since applied for 485 OR just the most recent one is good enough?
 
abc94536 said:
I want to go back on my original issue and evaluate how bad my chances of approval are - with the change in title - from software engg. to 'project manager' (my current one)?
Click to expand...

USCIS looks at title, duties and salary when making the "same/similar" determination. If your job involves reasonable technical duties and the salary is somewhat similar, the different title should not prove fatal. Emphasize the technical aspects of your job in your duties.

Do you advise to go ahead and file for AC21 Or wait till an RFE /NOID comes?
Click to expand...

I would wait.

Also, is it true that once I have applied AC21 I cannot apply another one for 6 mths? Is there a limit on no. of times /period /gap -in which I can use AC21?
Click to expand...

No limits. I switched jobs twice using AC21. However, the more frequent or numerous your changes in intent, the more likely it is that USCIS may question your current intent. However, this doesn't seem likely in your case.

when RFE on EVL comes do we need to provide letters from all the employers one may have changed since applied for 485 OR just the most recent one is good enough?
Click to expand...

Generally, they only ask for the current EVL.
 
You must log in or register to reply here.
Top