Need guidance on AC21, 'same similar' job

T

tsushil

Registered Users (C)
Ginnu, TheRealCanadian, other experts,

I am thinking of accepting a job offer using AC21.

EB3 India (Labor substitution) Priority Date 24th Dec 2001
I-140/I-485 concurrently filed Notice date 12 July 2005,
I-140 Approval 17 Aug 2005
I-485 pending for priority date to become current.

My current employer filed my I-140 using substitute labor. Job dutites on labor are very generic and I was kind of piggy backed on it.

Here is the scenario :

Job duties on Labor : (Job Title : Analyst)
"Under general supervision, formulates objectives and technical specifications for developing and/or modifying software systems. Performs software design, coding, testing, debugging, documentation and maintenance. Comptetent to work on most phases of application analysis and programming activities, but requires instruction and guidance on other phases"

Job duties on I-140 (existing job) : (job title : Analyst)
"Responsibe for installation and upgrade of Oracle database software and application schema. Oracle database creation and administration
Ensuring database backup and recovery strategies are in place and being processes properly using RMAN tool/hot backup tool.
Develop alternate database recovery and disaster recovery plans/procedures.
Develop scripts to proactively monitor database performance
Responsible for allocating system storage and planning future storage.
Responsible for optimizing data access and performance by tuning SQL’s, indexes and database.Work with developers to develop relational data models
Audit database usage and identify/implement the required security level.
Assist in defining complex queries and SQLs, possibly coding complex SQLs"

Job duties and title for new job: (Job Title: Database Administrator/Database Architect)
Job duties for the new job are same as those on I-140.

Do you think USCIS will consider the new job to be "same or similar"? Do they compare the job duties with one against I-140 or the labor certification? I-140 was approved without any problems. Also my current employer will not revoke I-140. Do you thinks its safe to use AC21 in this scenario?

Thanks and Best Regards

Sushil
 
http://www.uscis.gov/graphics/lawsr..."same or similar occupational classification"

Determination of "Same or Similar" Job for AC21 Portability
©MurthyDotCom
Many questions arise about how to determine whether a new job offer fits within AC21's "same or similar" requirement. This May 2005 Memo specifies that the examiner must review the job duties in the labor certification or, if a labor certification is not required, in the I-140. These job duties are to be compared to the new job to determine if they both fall within the same or similar occupational classification. The examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
©MurthyDotCom
 
Last edited by a moderator:
Hi Ginnu,

Thanks for the quick reply. The URL for the document doesn't seem to be working. Do you know if USCIS looks for the broad job classification? or do they look for exact classification. As per SOC classification Analyst job falls under 15-1030 where as DBA jobs under 15-1060.

Thanks

Sushil
 
tsushil said:
Hi Ginnu,

Thanks for the quick reply. The URL for the document doesn't seem to be working.
-------USCIS has changed the site.Link was for latest AC21 Memo. you can search the USCIS new site
Do you know if USCIS looks for the broad job classification? or do they look for exact classification. As per SOC classification Analyst job falls under 15-1030 where as DBA jobs under 15-1060.
------------- it is best to list the job duties that are on LC (form ETA750A item#13)
Thanks

Sushil
Click to expand...
 
AC 21 portability

Hi tsushil,

I have a similar situation and would like to discuss it with you if possible. My approved LC was programmer/analyst databases and new job title is database administrator. I already sent you an e-mail.

Please let me know.

Thanks
 
Anoop,

I talked with the lawyer of the company that I will be joining and he says the job description on LC is very generic and he do not see any problem with my I-485 Adjustments of Status petition getting approved.

I have made up my mind and will be joining the new employer shortly. As a backup I will also be transferring my H1B to new employer. Hope this helps.

Thanks,

tsushil
 
Thanks Sushil,

Lawyer for my prospective employer said the same -

Anoop's labor certification is for a Programmer Analyst/Database position and the offered position at xxx is a Sybase Database Administrator, therefore the positions are in a similar classification.

Seems like they look at the general classification and not the specific title/description. If you have any input on this, please let me know.

Also, does a jump in salary matter - i think not, but just confirming?

Thanks

Anoop
 
I don't think the jump in the salary matters either.

Thanks,
 
Last edited by a moderator:
deshanoop12 said:
Thanks Sushil,

Lawyer for my prospective employer said the same -

Anoop's labor certification is for a Programmer Analyst/Database position and the offered position at xxx is a Sybase Database Administrator, therefore the positions are in a similar classification.

Seems like they look at the general classification and not the specific title/description. If you have any input on this, please let me know.

Also, does a jump in salary matter - i think not, but just confirming?

Thanks

Anoop
Click to expand...
Upward jump does not raise red flag, but downward could raise it.
 
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