Need your advice on job change using AC21

J

junk12345

Registered Users (C)
How safe to use AC21 to move to a new company based on following information?

Worked with current company > 1 year

Current Job Title: Senior Software engineer
Salary mentioned in LCA is $100k
DOT Code: 030.062-010 - Software Engineer

Future Job Title: Senior Web Developer
Salary: $95k

Job duties are similar.

How to find out the job code for Sr. Web Developer? Is it similar to Sr. Software Engineer?
Your comments are greatly appreciated.
 
junk12345,

I have found the following description of 030.062-010 occupational code at http://www.oalj.dol.gov/public/dot/refrnc/dot01b.htm.
030.062-010 SOFTWARE ENGINEER (profess. & kin.)

Researches, designs, and develops computer software systems, in conjunction with hardware product development, for medical, industrial, military, communications, aerospace, and scientific applications, applying principles and techniques of computer science, engineering, and mathematical analysis: Analyzes software requirements to determine feasibility of design within time and cost constraints. Consults with hardware engineers and other engineering staff to evaluate interface between hardware and software, and operational and performance requirements of overall system. Formulates and designs software system, using scientific analysis and $T3mathematical models$T1 to predict and measure outcome and consequences of design. Develops and directs software system testing procedures, programming, and documentation. Consults with customer concerning maintenance of software system. May coordinate installation of software system.
Click to expand...

Unfortunately, I was out of luck looking for anything related to "web" and "development" at the same time. However, it is my belief that "web developer" occupation could be described with the same occupational code.
 
Thanks Bitterman,

Ya, I too didn’t find any description for Web Developer. Probably they don’t know about web development at that time as the latest edition (4th edition) of DOT codes prepared was in 1991.
 
junk12345:

There's another site. I-140 requires a SOC code, actually, so they offer the following link Standard Occupational Classification (SOC) User Guide.

Now, this site mentions two occipational codes of interest. The first one is similar to the aforementioned DOT classification.

15-1031 Computer Software Engineers, Applications

Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team. Exclude "Computer Hardware Engineers" (17-2061).
Click to expand...

Still no mention of any "web". It is getting better, though. The second one is for a "Computer Programmer", for which DOT has a separate code as well.

15-1021 Computer Programmers

Convert project specifications and statements of problems and procedures to detailed logical flow charts for coding into computer language. Develop and write computer programs to store, locate, and retrieve specific documents, data, and information. May program web sites.
Click to expand...

Aha! This one says "... May program web sites". But it is not an engineering job!..

Well, if your prospective job involves C++ or Java programming for an application server, then you are better off with a "Software Engineer" title and the same occupational code. On the other hand, if your prospective job involves "coding in (D)HTML" (no pun intended), then this job probably can not be described with a "Software Engineer" occupational code, but rather a "Computer Programmer". In which case, application of AC21 is really risky.
 
Thanks a bunch Bitterman.

Hmm, I need to find out my SOC code. I am not sure whether I have a copy of my I-140 application or not. If not, I have to contact my lawyer to get the code.

It seems that it is risky to change to web developer position.
 
Last edited by a moderator:
Even my code is
030.062-010 SOFTWARE ENGINEER (profess. & kin.)

Researches, designs, and develops computer software systems, in conjunction with hardware product development, for medical, industrial, military, communications, aerospace, and scientific applications, applying principles and techniques of computer science, engineering, and mathematical analysis: Analyzes software requirements to determine feasibility of design within time and cost constraints. Consults with hardware engineers and other engineering staff to evaluate interface between hardware and software, and operational and performance requirements of overall system. Formulates and designs software system, using scientific analysis and $T3mathematical models$T1 to predict and measure outcome and consequences of design. Develops and directs software system testing procedures, programming, and documentation. Consults with customer concerning maintenance of software system. May coordinate installation of software system.
-------------------------------
But, my title is Oracle DBA and none of the functions listed above are related to me. This is the DOT code my LCA was applied/approved and the DBA job duties. I am not sure why they picked up that particular DOT code and DBA job duties...
So, when I look for a different job, do I follow the DOT code responsibilities or my LCA specified responsibilities?
Thx,,,
 
kingno1,

if you are talking about LCA, you should probably ask the same question in an H-1B forum. If you are talking about LC, then I suggest consulting an immigration attorney. Generally, Database Administrators are covered by a different DOT (or SOC, or O*NET) code, so... I have a doubt that the LC in question is supposed to be valid at all. From time to time inexperienced lawyers occasionally make this kind of a mistake.
 
Originally posted by BitterMan
kingno1,

if you are talking about LCA, you should probably ask the same question in an H-1B forum. If you are talking about LC, then I suggest consulting an immigration attorney. Generally, Database Administrators are covered by a different DOT (or SOC, or O*NET) code, so... I have a doubt that the LC in question is supposed to be valid at all. From time to time inexperienced lawyers occasionally make this kind of a mistake.
Click to expand...
Thanks BitterMan, I am talking about LC in GC process.

Here are the details
--------------------
Case # : xxxxxxxxxx
DOT Code : 030.062-010
DOT Description : Software Engineer
No. of Openings : 1
Wage / Base : $$$$$$$.00 Annually
Received Regional Office: 11/26/2001
Current Status : Certified --
-------------------------------------------------
My Job description is same as what I am doing now, which is DBA though.
Looks like our company processes all the QA LC's in DOT 030.062-010 as I noticed the same in LC belonging to other people.
Only the DOT code and DOT description is different.
Our company attorney is one of the popular ones in Bay Area.
 
kingno1,

may be it is not much of a concern, but I still suggest to get a second opinion from an immigration attorney, despite the fact that your company's attorney is "one of the popular ones". The situation surely smells like a fraud now, because this certification (and other ones you were referring to) was done deliberately in the way not likely compatible with the law.

Getting a second opinion, however, will be more helpful, because you are likely to show all relevant documents to an attorney who will come to a definite conclusion instead of a pure speculation which you read in this post. Besides buying a peace of mind, you will have a chance to ask about changing your job.
 
Thanks a lot Bitterman. I will check with my attorney first to see what his explanation is for this....
 
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