United Nations, ginnu, experts - Need advise badly - 140 Revoked - NOID on 485

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NJCGC

Registered Users (C)
Helo Gurus,

I need advise from seniors very badly.

My 140 approved on March 13 2004. After one year my 140 was revoked. I don't know the reason why it is happened. I worked for company A and applied my 140 and 485 with them on Sept 18th 2003. After 140 approved and getting first ead I moved to company B. When I changed to company B I haven't applied AC21 letter. I applied for my EAD renewal in March 2004 and I put an enquire about my 485 case. Then my 140 and 485 LUD has been changed. My renewal EAD approved on April 6th.

Here is my NOID says
"In order for the validity of the revoked immigrant visa petition(FormI-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you much submit the following.

1) A written request to have your application considered under section 106(c) of the AC21 act
2) An original letter on company letterhead outlining your employment or offer of employment by your current or prospective employer containing a detailed description of the offered position, duties, remuneration and prospect for continued employment"

Here are the questions
1. Is the skill set has to match exactly with the current job as it mentioned in labor !!!
My existing company(Big financial institute) is not willing to mention exactly the same skill set as it mentioned in labor. - Is it ok or not !!!

2. Is the job position name also has to be same !!!
LC says Software enginner but my current company is giving me Application Consultant is it ok or not !!!

3. Salary has to be same as by labor !!!
Salary is 16k less than the salary mentioned in LC - IS it ok or not

If any one has sample letters pls post it here.

Please............ adivse gurus. I do have sleepless nights since I recieved NOID. If I submit to USCIS the way my existing company gives the documents(As I mentioned in 1, 2 and 3), they are going to accept !!!

Labor priority date Oct 7th 2002
140&485 RD
140 RFE Nov 14, 2003
Replied on Jan 2004 some time
140 approved on March 13, 2004
1st EAD issued on April 1st 2004
2nd EAD applied on March 6th 2005
2nd EAD Approved on April 6th 2005
140 RFE on March 29th 2005
485 RFE on March 29th 2005
 
I am not a guru, but below are my thoughts:

NJCGC said:
Helo Gurus,

I need advise from seniors very badly.

My 140 approved on March 13 2004. After one year my 140 was revoked. I don't know the reason why it is happened. I worked for company A and applied my 140 and 485 with them on Sept 18th 2003. After 140 approved and getting first ead I moved to company B. When I changed to company B I haven't applied AC21 letter. I applied for my EAD renewal in March 2004 and I put an enquire about my 485 case. Then my 140 and 485 LUD has been changed. My renewal EAD approved on April 6th.

Here is my NOID says
"In order for the validity of the revoked immigrant visa petition(FormI-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you much submit the following.

1) A written request to have your application considered under section 106(c) of the AC21 act
2) An original letter on company letterhead outlining your employment or offer of employment by your current or prospective employer containing a detailed description of the offered position, duties, remuneration and prospect for continued employment"

Here are the questions
1. Is the skill set has to match exactly with the current job as it mentioned in labor !!!

***** Well it is not required to match word-to-word, but the overall description should be the same. For e.g, if your LC states job as a "carpentor", your new job should not be as a "cobbler". However, to if u designed chairs in A and now tables in B, then u should be fine..

My existing company(Big financial institute) is not willing to mention exactly the same skill set as it mentioned in labor. - Is it ok or not !!!

*** this can get detrimental here....the overall description has to match LC even if a layman reads it.

2. Is the job position name also has to be same !!!

*** if so, it will just make things a lot easier for u, since USCIS will try to find all the means to reject ur AC21 case if they figure out a slightest hint to refute your facts.

LC says Software enginner but my current company is giving me Application Consultant is it ok or not !!!

**** same as in 2

3. Salary has to be same as by labor !!!
Salary is 16k less than the salary mentioned in LC - IS it ok or not

*** this should be of least concern than the above since Yates memo did not put any condition on salary or geographical location.

If any one has sample letters pls post it here.

Please............ adivse gurus. I do have sleepless nights since I recieved NOID. If I submit to USCIS the way my existing company gives the documents(As I mentioned in 1, 2 and 3), they are going to accept !!!

Labor priority date Oct 7th 2002
140&485 RD
140 RFE Nov 14, 2003
Replied on Jan 2004 some time
140 approved on March 13, 2004
1st EAD issued on April 1st 2004
2nd EAD applied on March 6th 2005
2nd EAD Approved on April 6th 2005
140 RFE on March 29th 2005
485 RFE on March 29th 2005
Click to expand...
 
NJCGC , Seng

Here is job descriptions and skills document ...

http://www.bls.gov/search/ooh.asp?ct=OOH

if it is a software engineer..

Related occupations are : Computer Systems Analysts, Database Administrators, and Computer Scientists... computer programmers, computer software engineers, computer and information systems managers, financial analysts and personal financial advisors, urban and regional planners, engineers, mathematicians, statisticians, operations research analysts, management analysts, and actuaries.

http://www.bls.gov/oco/ocos042.htm

Go thru that link you would know it . . ..
 
Salary difference of 16K makes little uneasy. Either you skip salary in your new employment letter
or Ask employer to give the letter stating that he would match the salary on the labor when GC get approved.

Or do not file AC-21 and wait for RFE. You may get direct approval without an RFE.
 
Diff. between Programmer Analyst and Systems Analyst

Im reading this thread and thought of relevant questions:

The LC approval mentiones the Job tile as Programmer Analyst, which is underlined.

However I-140 is filed as "senior systems analyst". I-140 approved and I-485 pending with local office. I will be opting for AC-21 for some reasons.

What is the difference between two job titles?

Under AC21, should my AC21 sponsoring company mention either of two. Senior Systems Analyst is apt and that would be my job title with my AC21 sponsoring company. Is sys analyst job title okay with AC21?

Also what should be KEY things that MUST be seen on job letter?

1. Job title
2. Job description
3. Salary
4. permanent employee

Apart from those 4 above, anything else that should be seen?

thanks
 
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