Job description

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Pancho

Registered Users (C)
My current job title is Tooling Engineer and I have a job offer with similar job description however the title is Tooling Engineer/Manager. My salary also will go up by 20%. Is that a problem changing job using AC 21. Should I need to wait for RFE or inform INS about job chane
My I 140 was approved more than a year ago. I am a concurrent filer. I am currently using EAD.
I 485 RD Feb:2003.EB 3.
I welcome some inputs.

Thanks,
Pancho.
 
The job should be similar. Job is combination of title/description/salary- so if the combination is 'similar' it is similar. BCIS looks at it liberally.
AC21 filing is optional- some do it upfront- some on RFE some get approved directly. Every which way seems to work out- you can make your choice. :cool:
HTH
 
Thank you for your reply. Should I need to inform the company about AC 21. Today I received the job offer letter from the company and it doesn't say anything about my job description and responsibilities. It says that when I join there, I should show them evidence for my eligibility to work in USA.

Is it a better Idea to work there untill I get RFE(incase) and ask them to give me an EVL according to my requirement. It is a pretty stable company with International operations.
 
To join you just need EAD. You would require the EVL letter for AC21 at some point- so it is best to tell them about it- that you would need a detailed job description letter at some point.
 
To SB Tiger:

Hi,
In this thread, u said the combination "title/description/salary" has to be same for using AC 21 but in one of ur early threads, u posted that as long as Title or Description is same, higher salary is not a problem as BCIS does not specify anything about the salary in the AC 21 memo.

Can u please suggest.

Thanks in advance,
 
Once again job is combination of title/description/salary. A job with same title and same descrition but twice the salary may not be a similar job. Also if the title chnages but the description does not it could still be a similar job. If everything changes minorly it could still be a similar job. On the other hand if everything changes significantly- it may not be a similar job.
HTH
 
To SB_Tiger.

How about if we move from low cost living state to a state which is costly like CA and LC is filed 4 years back with really low salary. If Job title & Description are same but Salary is almost doubled?.



Please advice,
Thanks in advance,
 
Last edited by a moderator:
BCIS has been looking at all this liberally/logically. People have gotten approved with almost twice the salary.
 
no problem

see below

http://www.murthy.com/chatlogs/chat0224.html


----------------

Chat User : I am trying to find a new job using I-485 portability. Should the title for the new job be exactly same as that given in my I-140? Thank you.

Attorney Murthy : Without any AC21 regulations, it is difficult to be sure how much latitude the INS will allow in considering if the job is a "similar" job. No one is 100% sure about this, so most people state that if it is the same job title and job duties, the INS has no discretion and will have to approve it. It is necessary to show that the job has the same duties, regardless of whether the titles are the same. Different companies use different titles, so it may be impossible to find a job with the same internal title.

ENJOY,
-RAMA
 
Yesterday I discussed this matter with my attorney. Her view is if you are not changing to an entirely different field it is ok. In my case the salary increase is 20% and according to her it is fine.
Yesterday I accepted the new job offer and I submitted my resignation letter giving 2 weeks notice.
My lawyer is not informing INS and her opinion is to wait for RFE. She is expecting to continue the current trend of approval.

Thanks,
Pancho.
 
Hi Pancho,
My attorney and my client attorney where I took the offer using AC 21 said the same thing about salary. Slalary hike is not a issue at all as long as Job Skill set (Duties are same.

They also said that we don't need to inform INS about job change but send AR 11 to kentucky address and call NSC and change the address.
 
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