switching job under AC21 - confused abt job duties

S

shanarora

New Member
Hello,
My labor was filed as a 'Software Engineer' - 15-1031.00. I have got an offer from another company as a Sr. Quality Assurance Engineer with a 20k hike.
The job duties are totally different.


1. Can i take this offer under AC21 ? The code for Software Quality Assurance Engineers is 15-1099.01.

2. If not, can i only take job a software engineer ?

Any help will be appreciated and plz pardon my ignorance.

Thanks
 
I have similar situation. Wanting to involve AC21. My Labor was filed as "softwre engineer" and I have offer with job title "J2EE Developer".

1. Should both title have to match?
2. Technologies are different, will that be a problem?
3. Can any one gives details of pros and cons in using H1B transfer vs EAD. Currently I am on 9th H1B extension and valid until dec 2009.
4. Will H1B transfer will effect I-485 application pending?

I would appreciate if someone can answer my concerns. Thanks in advance.
 
PBEC2003 said:
1. Should both title have to match?
2. Technologies are different, will that be a problem?
3. Can any one gives details of pros and cons in using H1B transfer vs EAD. Currently I am on 9th H1B extension and valid until dec 2009.
4. Will H1B transfer will effect I-485 application pending?
Click to expand...
1. No, but they should not be so different that it raises a red flag. Change from "programmer/analyst" to something like "department manager" and USCIS will get suspicious.

2. No, job duties are what matter, not specific technologies.

3. H1B pro: can exit and reenter the US without advance parole if there is a valid H1B stamp in your passport. Can bring in spouse with H4 regardless of priority date. If I-485 is denied, you can still stay with your H1 status. If your EAD expires before they renew it, you can still continue to work with the H1B (provided that you haven't invalidated it by actually using the EAD)
Con: none really, except that your next employer may not want to file an H1B to keep you in that status.

4. No, except for the normal AC21 rules which would apply anyway if you used an EAD (changing jobs may lead to an I-140 revocation request by the former employer, which would then require you to submit documentation of the new job).
 
I appreciate your answers. My job title was "Software Engineer", and now new title will be "J2EE Developer". I think both are developing software, so should not be a problem.

If applied for H1B transfer, should H4 needed to be transfered too. H4 is valid until 2009.

Thanks in advance.
 
shanarora said:
Hello,
My labor was filed as a 'Software Engineer' - 15-1031.00. I have got an offer from another company as a Sr. Quality Assurance Engineer with a 20k hike.
The job duties are totally different.
Click to expand...
You basically answered your own question .... NO!

In some "SQA Engineer" jobs, a major component of the job is using a testing tool and designing programs with it to perform automated testing. In those cases, the duties may be very similar to a regular software engineer. But you yourself said the job duties are totally different.
 
H1B transfer

New Employer is planning for H1B transfer, instead of using EAD.

How soon can I start working for New Employer? After FEDEX receipt or USCIS receipt. I do not want to pay premium.

Thanks in advance.
 
After the Fedex receipt, you have Fedex's permission to work.
After USCIS receipt, you have USCIS' permission to work.
Decide for yourself which has more merit.

No need to pay premium. Just get the USCIS receipt and start working.
 
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