Please Advice ..... PLEASE

G

GCJhalak

Registered Users (C)
Guys !!!!

I need your advice on my typical situation where I am working for Employer A and it has been over 180 Days a long ago and have valid EAD.

I have recently found a new job in the same city and state ... but it's title and description are different from my present Job with Employer A. I have taken training during my employment with Employer A and have advanced my skills a lot due to my day and night hardwork ..... and found this new job in the new + some old skills ......

I have to take that job as Employer A might lay me off any time soon due to extensive financial crunch he's facing.

Please let me know what should I do to have my I 485 still in process ..... PLEASE ADVICE.

What are my options ??????




- Jha
 
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Post the below info to get answer:

when did you file I-140?
when did you file I-485?

is I-140 still pending or got apptoved?
 
I -140 got approved in Oct 2002
I 485 RD Aug 2002

My I485 has been comfortably pending over 180 days after my I140 approval.

Please help me .....
 
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Well its good that your 140 is approved and 485 has been pending for >180 days.

Sounds like the Issue is if you new job is in same or similar occupational classification. There is no definite guideline as to how similar is simiar enough.

Describe your title and description on your labor and the title and description of the new job and people here can give there opinion. Note that the description of job duties is more important than the title.
 
GCJhalak
You can use AC21 and can change employer, find same/similar job and new employer should be ready to provide you future permanent job offer letter to use AC21, that letter you can send after you join him or when you get RFE from BCIS.
If possible try to get the approved LC copy from past lawyer/employer so that new lawyer can write the same skills that are on your LC form ETA750A.

better have the I-140 filing reciept copy or I-140 approved copy and I-485 filng reciept with you.
 
GCJhalak,

Given the fact that you have passed the 180 day mark - you're safe ..say past 50%.

Now here are your options,

- your new employer should give you a letter stating that your new job is pretty much the same as stated in the filed Labor.
- however this maynot be practically possible all the time, but dont lose heart - I presume you have a good attorney - who can successfully argue should an RFE come up stating that you have progressed in your job while still continue to do much of the job duties specified in your labor.

Lastly, there are quite a few people who have managed to get their 485s approved even though their job-title and job-description was different from the labor - bottomline..get an appropriate letter or find a good attorney.

Hope this helps. Good Luck!
 
Thank you for all your suggestions ....

What is the approximate Success Rate for the GC Applicants who got approvals with different job descriptions using Ac21 ......

10% or 30% ... or 40% ...got approved of all the people who applied for AC21 with different job descs?
 
GCJhalak...

I am not aware of the approval rate of AC21 where job description does not match. However I have the following info that may help you.


There are three prongs to AC21...
They are

1)I140 Approved - You have it.

2)180 day rule - You satisfy it.

3)Similar Job Classification - This is your concern. The key word to look at is "JOB CLASSIFICATION". Even if UR new job description is not similar to the old job description, as long as the classifictaion is same U are fine.


Here is what I would suggest U do.

1)Call UR department of labor.
2)Ask them to send U a prevaling wage form.
3)Fill the form with UR new job descriptions and mail the form.
4)Based upon your job description, they will send you the "Occupational State or Code".
5)Compare that code to the one that is listed in UR labor approval document (ETA-758)
6)If they match UR safe. If not, contact a good lawyer.


One more key thing to remember is the Approval of AC21 is based on officer's discretion. Hence, some lawyers suggest that the job description be worded similar.


I am in the process of exercising AC21 also and I have similar concerns. Life is a collection of calculated risks and I am all set to take one. :)
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I am not a lawyer neither do I claim to be an immigration expert. Please use the above info at your discretion. I would always suggest to conatct a good lawyer.
 
GCJhalak,

I think the rate you are asking depends quite heavily on one factor - the kind of attorney you choose - Given a good attorney, I would say its around 50-60%
 
50-60%

This is were I get scared. I would like to use AC21 to change jobs and the job I want is 'arguably' different.

( 50 - 60% success) Am I reading you right? are you saying that just under half of the people who use AC21 who are using to move to a job that is arguably not "same" but along the lines of the "or similar" side of the law (e.g different ONET code), plus who have good lawyers. are getting their 485 denied. Ouch.

I think you are being ultra conservative. I am yet to see any posting here of an AC21 case being denied on the grounds that the new job was just too different. Though I'm sure it must of happened.

However I don't see many approval related stories either so I really don't know. Hey lets all make a promise to post our success or failures using AC21 and not disspear once approval granted like so many do.

I read a post once saying that a (sun) unix admin shouldn't even consider changing jobs to a (hp) unix admin, because its too different. ( a far to conservative view imho )

I read others saying their lawyers say as long as the job is 'in IT' you can change to almost anything. ( probably a far to generous interpretation ).

I'm sorry for rambling people, I'm just feed up with BCIS taking so long to issue definite regulations.


In adittion to above: If have your labor you should also have your DOT or ONET SOC job codes. The link below will give you a detailed description of what type of job it is. Hopefully your new job will fit under the same code.

http://online.onetcenter.org/crosswalk_search

Unfortunately the one I want to change to does not - it is a different code - it is a a better match with one that falls under the "related occupations" section at the bottom of the details page.

My legal argument would therefore be it is not a "same", but is a "similar" occupation classification. However if my chance of winning is only 50-60% I will just be patient until my 485 gets approved.
 
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Thanks every one for the valuable suggestions ....

My SOC Code in the LC is 15-1031 and as I look closely, my new job description resembles one of the

1. 15-1031
2. 15-1032
3. 15-1051

and it is indeed nearly same but I gave my own description of my duties in my present job and they seem to be awfully different and are out of the way ......

The skills I gave 3 and 1/2 years ago .... for the LC were hot at that time and now ... with many things out in the market ... they became useless and out of date ... due to this long strech in the GC process .... I even learned advanced skills and have been using them since 2 years .....


Jafa1 ..... do the code need to exactly match ... ? like 15-1031 in my case ..... ???? but the job description looks now very silly .... which I gave 3 and 1/2 years ago ......

the new job description ..... does look like a mixture of those 3 codes ......

so .... my new job description falls in any of the above said 3 codes .... I am confused ....... Hmm ......
 
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One more question ......

My present job SOC Code is 15-1031 and will it be fine if my new job SOC Code is either 15-1031 or 15-1032 or 15-1051 ... ?

Sorry guys !!! I am bugging you a lot .... but I am in a tight situation here and need your help very bad ....
 
Jafa1

Why do you think people continously keep pounding the CIS for their inefficiency and say they are frusturated of "waiting" - simply becos they are unable to advance their careers. If it was as easy to switch to different job descriptions using the AC21 memo, I am sure atleast the majority of us here, wouldnt be really bothered about when they approve us, becos in effect we are able to use AC21 as flexible as a GC.

To answer one of your specific points of why we havent seen as many denials of those who used AC21 for different job descriptions? - simply becos it still hasnt happened yet - we have tons of people using AC21 lately - many of them for same job category/description and few in not the same category/description - however, we havent seen the results of those yet. Only when their cases are processed for adjucation, will we know if the bridge was indeed difficult to cross or was simply easy.

Having said that, please note that we still have seen approval postings of few(very few) people who did change jobs using AC21 for different job descriptions. So that a fine line, and here's where I want to point out my earlier posting - get a good darn attorney and one should be fine.
 
Hi GCJhalak,

I simply don't know if its ok to move to a job that has a different ( but arguably similar code ). If you can argue the duties overlap regardless of code then my gut feels they should give you some flexibility on this - But I havn't the courage to risk it at this stage until I get some legal advice.

In my opinion
It would be better if you and your lawyer take the approach that your new job falls under same code, or matches it closely in most areas. It sounds like 15-1031 from your labor is a good match for you new job - forget about those other ones. I think you have a very good case. You don't get a labor done on the new job so its more a matter of interpretation on your and CIS part - they use these codes as a guide apparently I don't think the decision is made solely on that.

Hi Mr Coolz,
Points taken, A good lawyer can make a huge difference to success rate. Though if we "havn't seen results of those yet", it should be pointed out that the 50-60% is pretty much a guess, a pessimistic one at that, hopefully the real success rate will be higher.
 
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