same or similar job question

G

GRamesh

Registered Users (C)
Hi,
I am, right now, working as a contractor at a client site. The client offered me a full-time position (with 10K higher salary) there. Basically, I would be doing the same work as before, but now as a full-time employee. Can I use A21 portability under these circumstances? Does this come under 'same/similar' job category?
Thanks for any input on this.
-Ramesh
 
just the fact that you've been working for the client and joins them now doesn't make you qualify for AC21.

to use AC21, you should make sure that the job description, salary on your LC matches with this new job description, salary.
 
Adding to robin_m's reply:

1. hope its been 180 calendar days since you filed 485 - else nothing else matters

2. salary actually does not matter till its above poverty line. you should not be a "public charge"

3. Make sure you closely review the job description on your LC. If your LC just mentioned use of your programming skills - great! But if your LC mentioned use of program skills for solving "client" problems - you might be in trouble.. Consulting (solving client's problem against fees) and Industry may be considered as two different job duties as they have a separate "CONSULTANT" category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor which is "supposedly" used by INS.

Would suggest you review the LC job desc with a good lawyer before changing to industry..

hope this helps.

-ab
 
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