questions for job describation

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casttree

Registered Users (C)
My LC job description is below:

Design, develop, implement and test software for telecommunications.
technical Enviroment: C/C++, Unix, Switching Technology.

What if I get a new offer, which is not for telecommunication or without switching Technology, will it casuse big problem? How should I deal with that?

Thanks for any advice.
 
Gurus please post...
If the LC is for Software engineer with CISC, DB2, Cobol,
will a new job with the same title/job duties but different skills like Java, oracle raise a problem for AC21?
Thanks
 
KDFBJ

if java and oracle is additional to the one listed in your labor then you should be ok.

if the new job is primarily java and oracle then dont ever try it.
 
Originally posted by saigc
KDFBJ

if java and oracle is additional to the one listed in your labor then you should be ok.

if the new job is primarily java and oracle then dont ever try it.
Click to expand...

Not true - the jobs have to be "same or similar classification". Same title and description means same position (i.e. same O*NET code). That's what matters.

How are the skills different? A programmer is a progammer no matter what language is involved or which industry the programmer works for. That is all BCIS cares about. Exact same skills will bolster the case for AC21 but difference in skills can be explained in the cover letter explaining eligibility.
 
waytoolong

waytoolong

Sorry its not like that. do you mean to say that if any company has preapproved labor for cobol programmer and then another person who is a java professional can use it to file i140 saying that both are programmers?

considering that both sap/abap and vb are programmers can they be offered same salary assuming that they are in the same geographical region.

moreover the person who is reviewing your petiton may not computer language knowledgable. they will only go by what you mentioned in the labor advertisement and position responsibilities and match with your resume. may be they will do using FIND command.

one of my friend got NOID on his i140 saying that his skills does not match the position. reason is that in the labor the skill mentioned is unix but my friend's resume reflected its flavor counterpart which solaris or sunos etc. he got his i140 later approved after sending a letter from university professor stating the facts.

note that bcis/uscis always try to find something in the petition to send rfe or deny it.
 
Saigc and Waytoolong,
Thanks for sharing....

1) in that case, if the skill requirement is java, oracle + COBOL, will that be ok?

2) Is resume needed to be filed with the I140? I think anybody can alter his resume to match the LC and BCIS has no way to verify it.


Since GC takes soooo long,say 4+ years, by the time the I485 get processed, the skills listed on LC may have been wiped out of market.
 
I did some homework on the aug 4 memo...

it says " the same or similar occupational classification"
so I assume it means the classification, not occupation

I guess the noid case in 140 (unix-sunos) may not be applied to AC21, since they are two different things......
 
Yes, I heard that the new job need not to be in the same industry too.

But if my job description is put "design ... in telcommunication", Does it mean I must find a new job in telcom industry to match same and similary job?

Thanks,
 
casttree,
I am in the same boat with you... I don't know much either. Dont count on me. But I think the word "classification" is quite clear itself.
 
I can see why this is confusing : but no fear

I had switched industries while using AC21 - I found out that most lawyers are clueless about AC21. This is what I found out by speaking to different lawyers and thru researching different legal websites :

this is what AC21 says : the new position has to be in same/similar occupational classification as the LC one, as simple as that.

If the new job matches the LC in salary, title, skills and duties then it is straightforward. But even with a mismatch - it is fine under some conditions.

INS has already mentioned in June 2001 memo that they use the O*NET jobs database to determine "similar" occupational classifications.

Go to your LC - find the job code, stick it in O*NET and find the list of other similar job classifications. As simple as that. This is exactly what the adjudicator will do with your file. He/She won't know the difference between UNIX and SunOS and does not care. See for yourself on O*NET - a job classification of "Programmer/Analyst" is independent of industry or programming languages.

I-140 is a different ballgame- it is much more difficult to prove eligibility there.

P.S. AC21 is pretty logical - it is designed to allow AOS applicants some respite from the ball-and-chain syndrome but a programmer turned pizza delivery engineer will be deemed ineligible.
 
Waytoolong, Thats the point.

AC21 is designed to give some flexibility, and 140 is to check eligibility. The memo itself is very clear about the wording "Classification"
 
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