Jim, Jaxen and others please help on 485 issue....

J

janeman_GC

New Member
Pl. help me on my situation.
I have filed my 485 (have an EAD) oct.2001 and finished my project recently. Now on a bench and employer is really trying to find a new project for me. Due to the tough economy it seems tough.

Now the question is, My LC is cleared as a VB(GUI), Oracle(Database) programmer Analyst. I am also good at mainframe computer skills like COBOL, DB2 and I think its possible to get a project and direct placement.

Is it possible to change the job using AC21 after 180 days while the duties changes from VB, Oracle to COBOL, DB2?

Your help will be greately appriciated. Pl. give me some advise guys...

Thanks
 
You are fine...

Definitely... You don\'t have to work only on VB/Oracle even before 180 days unless you want to... As long as you don\'t deliver pizza while you are claiming to be a software engineer/programmer in your AOS petition, everything will be fine... It just has to be a similar job... Programming is programming whatever tool you use...

Bottom line is you are just fine.... Good luck..
 
Where did you get this precise information UTAUST_I140?

I certainly am not as certain about this as you are. The term "similar" has never been defined in AC21 so how do you know what it means.

The "guidance" that INS issued last summer is not legally binding.

I\'m not saying you\'re wrong, you may very well be correct, but the answer is nowhere near as definite as your answer states.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Well, attorneys dont want to give a concrete response.

They want to stand in the middle so that people like us will stay confused. Although, they are politically correct, they try to take advatage of the mess of the INS and the uncertainty. Guys do your own homework. Reality of INS and immigration law is that nothing is certain and 100%. These attorneys will always give you their middle position. As per AC21 it is very clear that a person can change job in a similar position after 180 days of filing I-485. And true that regulations have not been published. Dont just rely on attorneys, they want you to stay confused. This is the case with 99% of the attorneys. Do your own homework, guys and then go to a good attorney and tell him what to do.

I believ UTAUST_140 is right.
 
There can never be a definition of similar

It has to be decided on a case to case basis. But attorneys like to paint a very negative picture purposefully.
 
No Title

It is understandable if you know attorneys are businessmen/women. They are not scientists or engineers. The goal of business is to make money or get clients, otherwise they will be out of business.
 
I don\'t agree with you guys!!!

I know Jim thru this forum for more than 3 years. Don\'t blame all attorneys. I know lot of very godd attorneys.
 
life in the real world

This is an old story.
when I was young and I got married and after 3 years had a baby girl. After two months I went to the Paediatrician (Baby Doctor) who checked the child and passed a remark on the Baby\'s file
\'No visible abnormalities\' - I held on to that phrase for a long time.
Questions - What does the doctor mean by that , Is he a competent doctor, Why did he not give a clean report, Is he waiting to confirm any problems - yada, yada, yada

Recently a relative of mine had an accident and all doctors gave him reports with a small disclaimer at the end
My attorney also gave me a disclaimer at the end when I asked him how long it would take for the I-485 process.

Life is like that - You just have to accept this - There can be noone on earth who can give you a positive answer - there always will be a disclaimer - Even computers cannot do that - Bill Gates with his fantastic OS also messes up from time to time and so does Sun and HP and IBM

What you have to do in life is if it is something that you are very concerned about you should ask \'What are the chances \' and ask \'What should I do next \' from whoever you are consulting.

Please dont hang onto each and every word in life.

Dont hang onto the disclaimer only - Life is fun , Birds are singing, the flowers are blooming, All kinds of methods to have fun in life are there in the US.

Work Hard , and Enjoy life also.
 
rsrgc - Nice posting.

I like your point of view. Infact I try to "ENJOY" every moment - I am successful almost 50% of the time. As they say "LIFE IS SHORT - LIVE IT".

Everyone there - ENJOY.
 
No Title

I agree with the postings of rsrgc and vidchin.

sg94ahpw,

Law is not a science....where you can find definitive answers for question. Differences of opinion on a particular law is common unless there are clear judgements on that law.Most of the times even difference of opinion exists on the judgements also :-)
 
 In this particular case, I agree with Jim Millis...that there are no regulations and also proper definition of the word "similar". You might interpret oneway and if the immigration officer interpreted in different way, then "Janeman_gc" might end up in the court for them to interpret.

thanks,
raju
 
"similar"

Actually, implementing regulations most often include a section (usually near the beginning) that defines the terms used in the regulations, so most likely we will have a definition of similar when the regulations are published. If not, it will be left to the courts. If a person wants to be the one to challenge the definition INS uses in court that\'s fine with me, but it\'s certainly not an attempt to generate legal fees by advising someone to avoid being the one who seeks a court definition.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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