JOB Change Question

gckajadoo

Registered Users (C)
can anyone tell me if I change my job (when my I-485 is pending for more than a year and I-140 is approved.)
And take a job same and similar work but as a manager. will it create any problem becasue my labor was not for the position of a manager.
 
gckajadoo said:
can anyone tell me if I change my job (when my I-485 is pending for more than a year and I-140 is approved.)
And take a job same and similar work but as a manager. will it create any problem becasue my labor was not for the position of a manager.

It depends. If your LC is for "software engineer", the position of "manager" is certainly is not similar.
 
pralay said:
It depends. If your LC is for "software engineer", the position of "manager" is certainly is not similar.
There are many threads on this topic which says 'Title' is not important for AC-21.
All that matters is same/similar job description as listed in LC. In this case even though the title is Manager but this person can do the work of a software engineer.
Hope this helps.
 
fast_gc_seeker said:
There are many threads on this topic which says 'Title' is not important for AC-21.
All that matters is same/similar job description as listed in LC. In this case even though the title is Manager but this person can do the work of a software engineer.
Hope this helps.

It's not a question of title. Eventually what matters is job description provided by employer. It's not a question of "can do", but in what kind of job the person is going to perform in major part of working time. In general sense, manager's job is different from a software engineer's job - and they are not "similar" (unless the employer declares that from top to bottom - CEO to receptionsists - they all do same work in that company).
 
pralay said:
It's not a question of title. Eventually what matters is job description provided by employer. It's not a question of "can do", but in what kind of job the person is going to perform in major part of working time. In general sense, manager's job is different from a software engineer's job - and they are not "similar" (unless the employer declares that from top to bottom - CEO to receptionsists - they all do same work in that company).
USCIS has not clearly defined what they mean by "similar" job. I've seen cases where people have been approved with new titles like "project manager" and old title was "programmer analyst". This is dicussed in many other threads. AC-21 cases can be in trouble only in those cases where for ex new job has nothing to do with IT if the LC was filed for an IT job.

I've recently changed jobs using AC-21 and my attorney says job title dosent matter as long as I'm in IT as my LC was filed for IT job.

here is what Sheila Muthy says

http://www.murthy.com/news/UDac21qa.html#4
 
fast_gc_seeker said:
USCIS has not clearly defined what they mean by "similar" job. I've seen cases where people have been approved with new titles like "project manager" and old title was "programmer analyst". This is dicussed in many other threads. AC-21 cases can be in trouble only in those cases where for ex new job has nothing to do with IT if the LC was filed for an IT job.

I've recently changed jobs using AC-21 and my attorney says job title dosent matter as long as I'm in IT as my LC was filed for IT job.

here is what Sheila Muthy says

http://www.murthy.com/news/UDac21qa.html#4

I don't think just being in IT is good enough. As Murhty.com said, "core job duties should be essentially the same or similar in order....". As I mentioned earlier if employer provides job desription that says the job is same kind as specified in LC, that's fine. However, in face value a manager's "core job" is not same as programmer. Someone got approved that does not mean that's the norm (without knowing the job decsription). I have friend who works in wall street company with title "system analyst" and job includes many managerial works too - even though he is not a manager. So things are not one way and as Murhty.com said things are judged "case by case basis".
 
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