jaxen- I-485 and AC21 question

Adarsh

Registered Users (C)
I have the some problem to use AC21, I hope experts will help me what are my chances
My details:
1 I worked for employer A and LC I-140 were approved and I-485 was filed last year then I had to leave that employer, my I-140 was approved in EB2, service center VSC, got EAD, AP for self and spouse but never used by my spouse or self (fear that employer may revoke I-140)

2 I transferred H1 with new employer B and joined him and he also filed for my LC that is approved in EB3 and I have sent all my papers to company lawyer to file I-140, I-485, EAD, AP concurrently. He never said anything that I cannot file second I-485; I told him that I have pending I-485 provided him the receipt.

What should I do?

3 I don’t know if I can use AC21, as on my earlier approved LC my job title was Network Engineer, Occ Code 030- 167 –014, job duties on ETA to be performed are:

Install and configure various network operating systems and devices, conduct operating system research, new technology research and state of art network implementation. Configure software and hardware infrastructure, network management tools, switches, hubs, file servers, email system and groupware applications. Determine network system function specifications. Propose and implement network standards. Perform user training

4 And on new LC the job title is Software Engineer code is 030-062-010
On new approved LC ETA the job duty is:
Research, design, and development of computer software for business applications; analyzing software requirements to determine feasibility of design with n time and cost constrains; formulating and designing system, developing and directing system testing procedures using TCP/IP, LAN (local area network) Window NT environment
I am confused of same or similar job? Do I qualify to use AC21?

On my past-approved LC the salary is 71K but on by recent approved LC the salary is 60K and I am getting 59K from my current employer plus Bonus 5K yearly

Please help I am not expert on AC21

Other issue is that company lawyer may have filed my I-140 and I-485 concurrently in CSC

Should I withdraw that I-485? Or wait till I get receipt notice

The pending I-485 with VSC has earlier PD
 
It will be difficult to prove portability in your case (software Vs hardware) you will have to find common points and try to match up.
You can file the second I485 quoting the previous I485 and can try and retain the priority date. So there is no harm in filing the second 485.
 
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