Help needed (AC 21)

km30907

Registered Users (C)
Dear friends,

I am planning to switch my jobs using AC 21 portability. My priority date is May 2003 (EB-2, India), 140 & 485 filed in Dec 04, 140 approved in Feb 05. The job title on LC application was process engineer. However, the LC approval says title as Industrial Engineer. I believe process engineer falls within title of industrial engineer as per Onet. My new job title is also process engineer. However, I am worried about the job duties clause. If you can spare time, I am listing job duties for both the jobs.

Job duties in Approved LC

· Evaluate engineering, technical and economic factors involved and design, develop and implement new high temperature materials such as ceramic fibers, insulating firebricks, castables and blanket products and manufacturing processes for new and existing products;
· Plan, manage and direct materials and technologies’ development projects and prepare detailed estimates of manpower, materials and services involved;
· Monitor manufacturing processes;
· Perform root cause analysis as needed;
· Recommend engineering and manufacturing options for attainment of design objectives of these products and manufacturing processes by applying knowledge of industrial engineering and technology, review plans for new products and factors such as strength, weight and cost;
· Submit material and manufacturing processes selection recommendations ensuring attainment of design objectives, with the view to fulfill product cost and performance standards.

Future Job (Responsibilities in Job Advertisement)

· Conduct process optimization investigations which rely on state of the art systems for data collection, control, and process modeling. Optimization activities focus on understanding the relationship between Critical to Quality product parameters and Key Process Variables (KPV's) by performaing Designed Experiements (DOE’s) and collecting both the key process and product data involved in the experiments. Once these relationships are establised, focus efforts on improving the Process Capability Index (Cpk) for these parameters.
· Monitor project assignment in process improvement and control.
· Investigagate quality complaints to determine root causes. Develop and implement corrective actions to eliminate root causes and to get back in control. Action plans must seek to obtain a Cpk of 1.33 for all established critical process variables in order to meet critical product characteristics.
· Lead process engineering team to establish Standard Operating Procedures (SOP’s) for assigned production operation and/or process.
· Advise and influence plant management on modifications to systems and procedures to improve process control or product characteristics in line with customer (internal or external) fitness-for-use.
· Advise and influence plant management on modifications to existing equipment that will improve the overall process efficiency (FPY) without sacrificing product characteristics (CTQ).
· Work with the Innovation and Commercialization (I&C) organization to translate critical product characteristics into critical process variable terms. Develop plans to get processes in control at a Cpk of 1.33.
· Perform DOE techniques on existing products or processes in order to improve product characteristics and process stability. Estimate costs for DOE's.
· Work with Platform Engineering, I&C, and Process Technology organizations for all new product development initiatives, including Design or Experiment (DOE) techniques.
· Coordinate Platform Engineering, Innovation and Commercialization (I&C), and the Process Techology, such as technical projects and the development of manufacturing specifications.
· Be familiar with new processes, process equipment, process control equipment and inspection and test methods.
· Establish and manage training programs associated with process control and operations. Train operating personnel on basic use of process operations and control using Statistical Process Control (SPC) and control charts.
· Follow company and plant policies and procedures.
· Ensure compliance with all safety procedures.

I understand, that this is a long description. If someone can please guide me with respect to AC 21 risks, I would appreciate it. Please note that my future employer is a subsidiary of fortune 100 company.

The bottom line question is, can I change jobs based on above description?

Thanks for all your time.
 
I think - on your Labor Part A - there is small paragraph for Job Description.....which is about 2 to 3 lines typically....rely on that...


Don't worry about job offer details etc......That text on the labor Part A should be the text that you rely upon!
 
banta4gc said:
I think - on your Labor Part A - there is small paragraph for Job Description.....which is about 2 to 3 lines typically....rely on that...
------ on LC form ETA 750A item 13 has job duties

Don't worry about job offer details etc......That text on the labor Part A should be the text that you rely upon!
 
Thank you Ginnu and Banta4gc.

The job duties on my ETA are the ones I listed as job duties in my present job. Instead of bulleted points, it is written as a long sentence. I do not know what I can get from my new employer. So I put in the responsibilites listed by them.

What if my new employer will not write the text of my approved ETA? The title for the new job is same as the old one. However, my understnading is that I must have same or similar duties. Can I get a letter from someone else than HR?

I have not contacted a lawyer yet as I am still negotiating the offer. But I do want to make sure I am safe before I leave my present job. My present company may/may not revoke 140. It depends on what the lawyer advises them. Should I contact a lawyer before making a final call?

I will be joining new employer using EAD as they are not willing to transfer the H1. Is it a big risk?

Please advise.

Thanks for your time and help.
 
You can hint your new employer that since your green card is pending - you would need the offer letter with this specific wording - as you are only restricted to work for the same job offer to continue green card status....
You can tell them - it's just paperwork...
 
km30907 said:
Thank you Ginnu and Banta4gc.

The job duties on my ETA are the ones I listed as job duties in my present job. Instead of bulleted points, it is written as a long sentence. I do not know what I can get from my new employer. So I put in the responsibilites listed by them.

What if my new employer will not write the text of my approved ETA?
--------------- make sure in advance they agree to give you letter with job duties as on LC form ETA750A item #13. if they are not ready to give letter then dont go for that employer
The title for the new job is same as the old one. However, my understnading is that I must have same or similar duties.

Can I get a letter from someone else than HR?
---------- the person who sign the USCIS petitions for the company
I have not contacted a lawyer yet as I am still negotiating the offer. But I do want to make sure I am safe before I leave my present job.
--------------talk to new employer that you will need a permanent job offer letter to invoke AC21 they can talk to Comany lawyer so that the lawyer or company dont create problems for you once you join. Inform that you prefer to be on H1 status and will join on H1
My present company may/may not revoke 140. It depends on what the lawyer advises them.

Should I contact a lawyer before making a final call?
------ you can contact YOUR lawyer you should not inform about AC21 or job change to Present company lawyer
I will be joining new employer using EAD as they are not willing to transfer the H1. Is it a big risk?
--------------------Better join with H1 transfer and be on H1 status inform them that you will join only on H1 transfer and will not use EAD. they just want to save the H1 filing fees.H1 is good back up plan for YOU
Please advise.

Thanks for your time and help.
 
This message is for Ginnu,

can employer do labor substitution and file I-140 for different alien without withdrawing original alien's I-140?
If the service centers doesn't check that can more than 1 person get GC based on single labor certification??

I filed my I-485 with my previous employer's I-140 approval notice. I checked the status of I-140 and it says approved in 2000.
I do not know whether my employer has used my labor to different person.
Will this cause any problem while filing AC21 with my new employer?

Please help me.
Thanks in advance.
 
rirlaborCT said:
This message is for Ginnu,

can employer do labor substitution and file I-140 for different alien without withdrawing original alien's I-140?
---------- employer need to revoke I-140 and can file LC substitution and file I-140 for new candidate. if the employer does not revoke the I-140 and the person filed I-485 and I-485 pending hits 180 days and person invokes AC21 and gets GC approved then the new person will not get anything. this has been discussed many time and debated by many. no more comments from me talk to your lawyer
If the service centers doesn't check that can more than 1 person get GC based on single labor certification??
-------------No, single LC can be used to get two GC
I filed my I-485 with my previous employer's I-140 approval notice. I checked the status of I-140 and it says approved in 2000.

I do not know whether my employer has used my labor to different person.
----------How do I know if he revoked I-140 or used that LC?
Will this cause any problem while filing AC21 with my new employer?
--------- if I-140 is revoked before you filed I-485 then your I-485 will be denied. if I-485 pending hits 180 days and the employer did not revoke the I-140 you may be eligible for AC21(it seems you filed I-485 without employer job offer letter)
Please help me.
Thanks in advance.
 
Thanks once again to Ginnu and Banta4gc,

I am in a bind where I do not expect to get H1 transfer. The offer is really good and since my present job situation is not stable, I am inclined to take it. My Priority date (EB2, India, May 03) may become current as early as Decemeber. I want to make sure I get my basis covered for I-485 approval.

Questions:
1. As I mentioned, the new employer is a manufacturing division of large fortune 100 company. TO be precise, it is a warren buffet company. Is there any leverage for me in eyes of USCIS as there would be no reason for them to suspect fraud?

2. Per my understanding, I may have to join them using EAD, and not get their corporate lawyer to help. This means I have to go with my own lawyer. What help would I need from my new employer. Is it EVL when joining and again if there is RFE? Or it will be something else? I may be able to manage letter from division HR manager. Is it enough?

3. Can someone recommend me a lawyer in Atlanta area that they have used or have confidence in? I am using my company lawyer and he will be the last one I can contact.

Thanks for all your help. This forum is very helpful.
 
I was in the same situation as yours - Joined in EAD, Did not want to complicate the AC21.

I did was get a EVL - from HR( stating My salary yada yada...).

Got another letter( Job description) from Manager on Record - that dude did even want to take a look at what I wrote.





km30907 said:
Thanks once again to Ginnu and Banta4gc,

I am in a bind where I do not expect to get H1 transfer. The offer is really good and since my present job situation is not stable, I am inclined to take it. My Priority date (EB2, India, May 03) may become current as early as Decemeber. I want to make sure I get my basis covered for I-485 approval.

Questions:
1. As I mentioned, the new employer is a manufacturing division of large fortune 100 company. TO be precise, it is a warren buffet company. Is there any leverage for me in eyes of USCIS as there would be no reason for them to suspect fraud?

2. Per my understanding, I may have to join them using EAD, and not get their corporate lawyer to help. This means I have to go with my own lawyer. What help would I need from my new employer. Is it EVL when joining and again if there is RFE? Or it will be something else? I may be able to manage letter from division HR manager. Is it enough?

3. Can someone recommend me a lawyer in Atlanta area that they have used or have confidence in? I am using my company lawyer and he will be the last one I can contact.

Thanks for all your help. This forum is very helpful.
 
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