Job title and description

A

akilhere

Registered Users (C)
I had posted this in the AC21 forum but couldn't get any answers so was wondering if any of you guys can help me out

My labor was filed in Dec. 2003 with the following in section 13

13. Gather data from clients and prepare software requirements and specifications. Prepare flow charts. Develop commercial
client/server applications using <application1>, <application2>, <application3> and Palm based systems, AIX/Unix and Windows NT. Perform full life cycle development. Participate in system and database meetings. Other similar duties as assigned.

In section 15.
15. Experience in development of applications using <application1>,
<application2>, <application3>, <application4>, AIX/Unix and
Windows NT. Relocation Possible.

My question is: Can I join company B (AC21-using EAD) as a Lead Database administrator on <application1> even though the description says "development" on <application1>

Can somebody respond? I would really appreciate it..
 
A lawyer will be able to AC21 your old job description with youe future job description...because both are loosly about database management.

Also, might be a good idea to elobrate on duties of DB admin...to include "manage gathering data from clients and prepare software requirements and specifications. manage flow charts prep" etc... you get the idea. Usage of as many key phrases from the earlier job description in the new job description (provided they can be used) would be a good idea.
Good luck.
 
akilhere, I also invoked AC21. I believe the key clause in AC21 rule is that the new job should be "same or similar" to the Labor approved job. This means that (a) your new job need not be in the same 'application' as the Labor approved job or (b) your new job can be at a higher level (for e.g. developer to a lead role).

My new job met both of the above two criteria and my attorney (reputed) gave the green signal. What I understand is that AC21 rules are pretty liberal. All that it expects is that they do not want you take up an accounting job if the labor is approved in the IT field. HTH
 
Thanks Runninsloth and anandkan

I know that I would get a better response from this forum than the other ones.

Yes, I intend to take this with my lawyer once I talk to company B..but wanted to get a general idea of the AC21 rules.
 
RunningSloth and Anandkan are both right. My AC21 was approved w/o any discussion even though there was a significant delta in $ (I moved from CT to NYC and the wage differential is approx 20% so incase of RFE I was planning on using that as an explanation). My lawyer basically compared the two jobs and 'key-word' matching was the key thing from what I could tell. Good luck. Remember - nothing ventured, nothing gained. For first 11 years I played it so much by-the-book, I realized that I actually hurt my case.
 
Akilhere,

My 2 cents (note that I have not used AC21 but have consulted with one of the most eminent lawyers on its use recently)

1. The wording 'same or similar' job has some subjectivity associated with it. Inherently, it allows the USCIS some discretion while making the decision. The documentation submitted as a part of AC21 should aim to minimize this subjectivity.

2. Location, difference in pay, etc although important are not compelling factors to make a decision - favorable or otherwise. Even a dramatic difference in pay can be handled well subject to the documentation addressing the situation.

3. It all boils down to the 'same or similar' job - and in summary, the best way to eliminate the subjectivity is to have an attorney review the proposed job description and verify whether it will fall under the same 'job classification' as the one for which your labor was filed and approved.

If you look at your labor approval dox carefully, there will be a job code (some sort of xx-yyy representation) included for your existing job. If your proposed job falls under the same 'xx-yyy' representation, then you have the 'same' job. If it falls under a representation such as xx-zzz, then it is believed to be 'similar'.

Hope this helps. All the best.

Prats
 
Good information guys!!

I checked my labor petition document and it doesn't have any codes in it. Unfortunately, I do not have my labor approval notice. But I'll check with my attorney once I receive an offer from Company B.
Thanks again Omitofo and Prats.....
 
I invkoed AC21 (Myself)

1- Try to get an EVL (Employment Varification Letter) to show job description as in para-12 ETA-750A.
2- Higher limit could be based on industry/sector, state, city, cost of living etc., so there is "NO" worry. The more your getting the more you paying "taxes".
3- In case the designation/title is different than mentioned in ETA-750, use "Equivalent" word to describe it as. The organization/companies have their own designation, titles, hierarchy. "No" worry
The "Same & Similar" classification will be voilated if someone switch from Computer specialist to food specialist. The progression in the field from programmer to project manager could be justified, it is all in professional argument how you present based on qualification, experience, enhacements etc, number of years waiting for LC-Approval.
Good to go. Goodluck
 
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