Same or similar job of AC 21

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casttree

Registered Users (C)
How to define the same or similar job?

If the previous job title is "Computer Software Engineers, Applications" O*Net Code 15-1031.00 OES/SOC Code 15-1031


the new one must be exactly one? Can the following be calcuated as similar one:

"O*Net Code 15-1032.00
OES/SOC Code 15-1032
Title Computer Software Engineers, Systems Software

or

O*Net Code 15-1071.00
OES/SOC Code 15-1071
Title Network and Computer Systems Administrators



Also another question, if the existing salary is higher than privailing wage, the new job need to match the current wage or the general privailing wage?

Thanks,
 
Job title need not be an exact match, as long as job description is similar...and in a crunch can be shown to need the same skils.

The wages need to be the same or higher than the one in the original labor cert. ETA 750B
 
INS said in a guidance memo that the job title was not determinative. Of couse this guidance memo was by INS (now BCIS is running the show) and the memo was written before September 11, 2001 The term has actually never been definitively defined. It was not defined in AC21 itself and there are no implementing regulations.
 
Thanks for all reply.

if the salary of new job is lower than the salary in ETA 750B of LC, can they say it is a future job and the salary will be raised at that time?
 
They should commit that in writing, i.e. once GC is approved the candidate will be given the job and salary- so and so
 
AC21 "Cheatsheet"

Jaxen & others:

Is there a list of tips and such (on the web, or maybe people start compiling one on these forums) that can be included in an AC21 petition to make for a strong application? ( It would help to know if these tips have been used successfully by applicants of AC21).

Ofcourse, everyones situation is different, but general ideas like including INS AC21 memos with letter, etc.. can help everyone.

So many people's experience would certainly help us newbies..

Thanks!
 
AC21 tips

Jaxen, KK, et all:

Re-posting my previous question on this thread -- Besides the new employer's letter supporting the GC application/AC21 of the employee (thanks for posting that in the FAQs), what are other things to add to the AC21 package (or keep handy, in case of a future RFE)?

For Eg: on one of the threads it was mentioned to get a letter from first employer describing job responsibilities, period of employment etc.. Are there other such documents that one MUST collect before leaving the original GC sponsoring company?

Any other tips to make for a smooth AC21 application, despite the so... many hurdles in the way!

Thanks.
 
usimmgr,

check out this thread <http://www.immigrationportal.com/showthread.php?s=&threadid=84132>

discussions on this board have indicated that it is *not* mandatory to inform ins about your decision to use ac21. one could wait till rfe from ins, before you respond to it.

make sure you quit your employer in good terms and make sure that your employer doesnot revoke the underlying i-140.

get a copy of the underlying i-140 when you use ac21.

good luck to you!!!
 
I-140 approval notice & AC21

Thanks again for those links, KK.

Where does underlying I-140 come into the picture when using AC21, other than stating the EB category, approval date & O-Net Job classification?

Thanks,
Usimmgr
 
EB-category change still considered same or similar?

Hi again,

Another query - is it possible to use AC21 for porting I-485 from EB3 based I-140 to a job requiring Masters degree (EB2), if one has completed the MS degree in the interim period?

Vice versa, if I140 is in EB2, & new job only requires Bachelors (EB3), is the I140 approval (& consequent 485 application) still portable??

Has anyone been approved in any of the above cases??

Thanks.
Usimmgr.
 
Re: EB-category change still considered same or similar?

JACKCHEN Yes, the new similar job has to be fulltime.

USIMMGR
Change of EB category will surely mean a change in job responsibilities and skill set and hence would not qualify as "similar" job. Besides, how would it help you to change EB category as your LC is already done and I dont believe 485s are prioritized based on EB.

About ur question on "where does 140 comes into picture", 485 is your application but is based on 140 which is your employer's application. If the employer cancels 140, your 485 would be automatically rejected (if 180s have not passed since filing 485).

goodluck.

-ab
 
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