Programmer Analyst to Project Manager (AC21 Risks)

S

Sun07

Registered Users (C)
Hello Everyone:

I am sure this question perhaps has been asked in different shapes and forms but I really need you guys help me out here.

I need to get out of my current job and I am now working as a Sr. Project Manager and looking for job in the same area. My labor was filed and approved as "Programmer Analyst"

My I-140 has been approved long time ago and I am way past the cooling down period of 180 days of I-485 filling. I am from a retrogressed country with EB3 awaiting fate like many others.

Any help you guys can provide will be greatly appreciated. If at a later time USCIS asks for proof of current employment and future employment, will Project Manager title create problems? Should I be aware of something now so that I can negotiate a better title and job description from my future employer so that my GC is not placed in jeopardy?

Thanks for the help!
 
Risks

I am surprised to see you haven't got any replies to your question.

My understanding is that, by definition, AC21 is possible if the job duties and the wage mentioned in the labor certification are same or similar as those of the new job. Here the word 'similar' is creating lot of confusion.

In your case, looks like, the job descriptions and duties differ between the one mentioned in the LC and those in the job you are trying to get. USCIS can easily catch this and argue that the job responsibilities are different. However, the story will be different if you are confident that you can work with your HR to get an employment letter that matches the LC.

Refer to Q40 in Advanced Q&A at immigration-law.com. That case is similar to yours.

http://www.immigration-law.com/




Sun07 said:
Hello Everyone:

I am sure this question perhaps has been asked in different shapes and forms but I really need you guys help me out here.

I need to get out of my current job and I am now working as a Sr. Project Manager and looking for job in the same area. My labor was filed and approved as "Programmer Analyst"

My I-140 has been approved long time ago and I am way past the cooling down period of 180 days of I-485 filling. I am from a retrogressed country with EB3 awaiting fate like many others.

Any help you guys can provide will be greatly appreciated. If at a later time USCIS asks for proof of current employment and future employment, will Project Manager title create problems? Should I be aware of something now so that I can negotiate a better title and job description from my future employer so that my GC is not placed in jeopardy?

Thanks for the help!
Click to expand...
 
Thanks VHD999:

This gives me a new perspective. My lawyer has been for long maintaining that I should not have any problems and I was yet apprehensive and it was true. I beleive it is a judgement call. Yes talking to HR of the new company early on will mitigate all the risks.

One more Q. I noticed on that Q&A and also elsewhere that salary/wages should not substantialy differ. My labor for programmer analyst was filed with 40K and now my current salary is near 100K

What do you think of that? I know lower salary is definitely a no no, but what about higher? and how much higher is okay?
 
Sun07 said:
Hello Everyone:

I am sure this question perhaps has been asked in different shapes and forms but I really need you guys help me out here.

I need to get out of my current job and I am now working as a Sr. Project Manager and looking for job in the same area. My labor was filed and approved as "Programmer Analyst"

My I-140 has been approved long time ago and I am way past the cooling down period of 180 days of I-485 filling. I am from a retrogressed country with EB3 awaiting fate like many others.

Any help you guys can provide will be greatly appreciated. If at a later time USCIS asks for proof of current employment and future employment, will Project Manager title create problems? Should I be aware of something now so that I can negotiate a better title and job description from my future employer so that my GC is not placed in jeopardy?

Thanks for the help!
Click to expand...
On one side you have USCIS and Lawyer/Attorney, other side you have employer who wants to utilize your services/skills. Invest your energy to discuss with your employer to prepare a simple letter according to RIR's , it works.
 
What would be a simple letter per RIR? Would you have any sample letters? I only have copy of form ETA 750 (?) they submitted.

Thanks again!
 
Sun07 said:
Thanks VHD999:

This gives me a new perspective. My lawyer has been for long maintaining that I should not have any problems and I was yet apprehensive and it was true. I beleive it is a judgement call. Yes talking to HR of the new company early on will mitigate all the risks.

One more Q. I noticed on that Q&A and also elsewhere that salary/wages should not substantialy differ. My labor for programmer analyst was filed with 40K and now my current salary is near 100K

What do you think of that? I know lower salary is definitely a no no, but what about higher? and how much higher is okay?
Click to expand...

Green card is issued for the job profile. Employer will not hire some one for 100K for the job that can be done with 40K. Do you think USCIS inspector may not be smart enough to understand the difference between Project Manager and Analyst Programmer?
I do not know any one has faced the problem because of these issues. But you have to consider these things.
 
Wage difference

This text is copied from the AC21 guideline from USCIS:

Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?

Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”


Now, one may wonder how do we define 'substantial discrepancy'. Also, I am not sure if USCIS ignores the positive difference. (i.e. the current salary is greater than the LC wage)







Sun07 said:
Thanks VHD999:

This gives me a new perspective. My lawyer has been for long maintaining that I should not have any problems and I was yet apprehensive and it was true. I beleive it is a judgement call. Yes talking to HR of the new company early on will mitigate all the risks.

One more Q. I noticed on that Q&A and also elsewhere that salary/wages should not substantialy differ. My labor for programmer analyst was filed with 40K and now my current salary is near 100K

What do you think of that? I know lower salary is definitely a no no, but what about higher? and how much higher is okay?
Click to expand...
 
Sun07 said:
What would be a simple letter per RIR? Would you have any sample letters? I only have copy of form ETA 750 (?) they submitted.

Thanks again!
Click to expand...
Mention like this:
-The job description (PRIMARY: exactly as mentioned in RIR, SECONDARY: Additional, if any, in your case you have but DO NOT SPAN TO PM context, but as team lead)
- The Role (PRIMARY: Analyst Programmer SECONDARY: Team lead in a team environment)
- AT WILL job scenario
- Current postion is permenent statement, # of hrs per week + Overtime.
- DO NOT MENTION SALARY.
- General/ethical conclusion of the letter

You are a project manager, you must know all of this. Regarding salary, there are a lot of factors involved. It can be justified. Just think/plan about.
Be guided yourselves.
 
Thank you guys!

Yes I am a project manager and good at project management. However none of project management principals apply to legalities of infamous USCIS.

I know it all boils down to how cooparative the new company is in terms of providing letter that does not mess up Green Card. That does limit my options but I am fine with that. I am only targetting consulting companies who can bill me and I guess are usualy not that rigid on such issues.

I understand one thing for sure. The title should NOT be PM or has the word "Manager" in it.
 
i would probably try to add something like an architect...to the title. you can say you are in the same or similar category as far as technology / job role is concerned. HR departments might have an easier time approving that role from a company's perspective.
plus you can justify the higher pay cause architects by the very nature get paid more than an analyst. it allows you the leeway to write the same $$it that was written in your labor as far as technical stuff is concerned, plus something more....
i am in the same boat as you are...(not exactly project manager) but definitely way past the software engineer role that was made out 5-6 yrs ago for my labor. i guess there will be a lot more cases like yours...waiting to change jobs and roles ...
 
Sun07

After you make that sample letter can you post here (offcource hide the company name and some info which you want to hide)
 
Thanks for all the feedback guys!

Yes I am sure there are lots of cases like these. Either one takes a calculated risk and jump ship or play 100% safe and endure the pains with your current employer.

I am not sure what I am going to do. I will though however post the letter I can manage to get from my future employer that I feel will not mess up my GC process
 
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