Can I invoke AC21?

S

sunny_1010us

Registered Users (C)
Hi,

My EB2 Labor is approved with Project Manager position($90,000). I-140 is approved, I crossed 180 days limit of 485.

Can I join a company with position titled "Programmer Analyst" ($95,000) (with the same duties as described in my labor) using AC21?

Thanks
Sunny
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Good luck trying to convince USCIS that a job with a title of "Programmer Analyst" is mostly involving project management. While it is true that the important consideration is the set of job duties, it lacks credibility when the job title is inconsistent with the job duties (e.g. a "chief accountant" at a car company whose job consists of fixing car engines).
 
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Per my lawyer, certifying officers feel that "Programmer Analyst" and EB2 do not go together. It seems there is a set of job titles that COs use to determine whether a specific job title can be associated with an EB2 position. Although such a job set is not published anywhere, my lawyer said, people conversant with immigration process, labor filings, etc can easily determine a title likely to be disapproved/approved - programmer analyst is a title that attracts disapproval, he said.

On the other hand, Analyst seems to be an ok title, since an analyst can perform wide variety of duties. Software Engineer, Software consultant, and other hifalutin titles would work too for EB2.

However, if you have no other choice than to tie programmer analyst with your EB2, as Jackolantern says, good luck trying to convince CIS. Keep us informed so we can learn from your xp.
 
Contrary to the opinions above, I don't see any problem. You can do AC21 to a same or similar job. I'd say if you're doing anything in IT... you're fine.
 
Let me clarify , it is IT Project Manager position. In my labor they have mentioned some set of job duties which is relevant to IT fields. Same job duties I have to do with new company as Programmer Analyst.

I talked couple of lawyer yesterday they told me that if both the position have same job functionality(Job duties) I will be fine and it doesn't matter with the job title. Because every company use different title.

Thanks
 
While job description is the most important thing and not job title, credibility is the issue here. Anybody in IT will know that project management is very different from doing programming and analysis. You think USCIS wouldn't raise an eyebrow at a job title that says "head chef" when the job duties consist of mopping the floor and washing dishes? Or an "HR manager" whose job consists of administering a room of database servers?

In this case it gives the appearance of trying to circumvent the AC21 "same or similar" rule; in other words, it seems like it is really a different job but the description is being artificially worded to make it seem like it is similar.

Anyway, it's your life and your career. If you make the wrong decision, it's you who will suffer the consequences.
 
sunny_1010us said:
Let me clarify , it is IT Project Manager position. In my labor they have mentioned some set of job duties which is relevant to IT fields. Same job duties I have to do with new company as Programmer Analyst.

I talked couple of lawyer yesterday they told me that if both the position have same job functionality(Job duties) I will be fine and it doesn't matter with the job title. Because every company use different title.

Thanks
Click to expand...

As far as I know, same job duties are important, i.e. duties mentioned in the approved labor and new job offer should be same or similar. I disagree with the concept that more scrutiny is in the case of Programmer Analyst all the time. That may be right for a new labor but if you are considering an already approved labor it should not matter. However going by the same token, as per gcWudBeHere, Programmer Analyst titile may rise issues as the original labor was approved for Project Manager. Usually job titles do not matter, but I would doubt they would be irrelevant to the extent of grouping Project Manager and Programmer Analyst under the same category. For example if the labor title was software engineer and your job is programmer analyst/system developer/applications developer/database developer or even Project Manager(Analyst->PM) title in new job would be fine. But I would doubt the same scale holds good in the reverse(PM->Analyst).

It would all depend on how convincing your matching is between the old labor duties and new job duties. You may want to provide the DOT codes etc... in your documentation, after that it is upto the officer taking up your case. IMHO, it is certainly not straight forward.
 
In this case it gives the appearance of trying to circumvent the AC21 "same or similar" rule; in other words, it seems like it is really a different job but the description is being artificially worded to make it seem like it is similar.
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My labor was approved with following job duties,

" Direct and plan computer information systems project for clients. Review and develop modifications to existing systems. Establish project properties and set procedures to meet project objectives and deadline. Monitor work of technical
project team and provide status to management. Work with C/C++, JavaScript,VB Script,ASP,PL/SQL and ETL script. Travel to various unanticipated locations to interact with clients and train users for short and long term assignments."

With Programmer Analyst position I have to perform same job duties. Do you think the description is being artificially worded to make it seem like it is similar.

Latest update is they are changing title from Programmer Analyst to
Technical Specialist.

Let me know you opinion.'

Thanks
Sunny
 
Now you are talking... With this job title - Tech Specialist - you have more leeway and greater opportunity of obfuscating the officers' mind. You know, Prog Analyst position is a stereotype position and it's duties/responsibilities are written-in-stone. Modifying the duties will only be asking for trouble. It's like trying to convince someone that you are of Russian-origin when your are born to chinese parents. Now, its easy to get around when your parents are Europeans.

Seriously, you may have a landed in a safe ground with the new title - Technical Specialist. Good luck.

sunny_1010us said:
Latest update is they are changing title from Programmer Analyst to
Technical Specialist.

Let me know you opinion.'

Thanks
Sunny
Click to expand...
 
gcWudBeHere said:
You know, Prog Analyst position is a stereotype position and it's duties/responsibilities are written-in-stone. Modifying the duties will only be asking for trouble.
Click to expand...

The LC description as mentioned here clearly indicates working with code. To me that would make a Programmer/Analyst position same or similar, if there's code work.
 
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