"similar job" on AC 21

H

haibo

Registered Users (C)
Hi: I need your help, I will be laid off after 180 of I-485 RD, I need job soon.
Can anyone state the definition of similar job? What qualify for the similar job, Is the software I use such as C or Java? or Nature of the project (design Finance or Construction software ) ? Or DOT code. Is the salary a factor in determine whether the job is similar or not? If salary is not factor, can I use EAD to employ myself just in case.

Thank
haibo
 
similar job...

the operative parameters of your current job are those that were set forth as job description in your labor certification; therefore it is those parameters that the new job must match in order to be considered similar. so if the job description in your LC is based on nature of projects, then that is what your new job should be about; if you are defined as a left-handed C++ programmer, that is what your new job should have you do.

mostly, though, the job descriptions are neither that arbitrary nor that narrowly-focused, and are usually based on the verbage of the Dictionary of Occupational Titles (DOT) of the US Dept of Labor. you can find them on this website: http://online.onetcenter.org/ under their O*NET-SOC code search.

as for the salary, it should be equal to or greater than the approved wages in your LC. some people have posted opinions elsewhere in these forums that it is ok if the new salary is slightly lower than that approved in the LC - i don't know how accurate that is.

hope this helps. good luck!

CAVEAT EMPTOR: i am neither a lawyer, nor an immigration expert. i make no representations about the accuracy or reliability of the above information. please seek counsel from a qualified immigration attorney before making any decision.
 
Haibo,

1) job title and job duties are relatively important.
2) I think DOT code only shows your background is qaulified for the job.
3) Salary is a factor to verify that your position level is not changed.
4) you can use EAD to employ yourself.

In any case, you need consult your lawyer.

good luck

yager
 
Re AC21

Thanks guys, Here is what I find from various source. I order to take advantage of AC 21, There are 2 conditions. Quote from immihelp.com:
1) Employment based Adjustment of Status(I-485) has been filed and remained unadjudicated for 180 days or more; and
2) the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
My question is that what does the occupational classification mean ? Does it mean the DOT code or the actual job description ?
There is no mention of salary requirement. I am not sure if there is new guideline on this law.

Thanks

Haibo
 
You must log in or register to reply here.
Top