Urgent Please Help AC21 issue

G

gclongwaiter

Registered Users (C)
Hi,

This is an emergency. So please help.

I submitted my I-485 a year and half ago and I currently
have two new job offers (with dealines).
My current company is a CAD software
company and both new job offers are also in software but
in different fields. The one that I like is actually in
medical image archiving and communication system (PACS).
All titles will be same: senior development engineer. And they
are all in software development. The PACS job is very very
similar to what I've been doing within the current company.

Now my concern: although what I've been doing is pure software
development, this is not emphasized in my LC and I-140
application. Actually my I-140 says:

Will apply knowledge of design and fabrication of
micro-electro-mechanical systems ("MEMS") device,
electromechanical modeling, CAD software, and computer
operating systems to provide product design and development
at both the device and system level.

**Or, in the alternative, a Master's Degree in engineering,
computer science, physics, chemistry or mathematics, and 2
years experience in job offered or 2 years experience
developing CAD applications.

What's worse, on the LC approval letter, the DOC job code
is electronics design engineer, which is totally different
from what I've been doing within my current company. I know
little about electronics design.

So here is the question:

1). Do my new job offers fall into the "same or similar
job category" as required by AC21?

2). When INS looks into the "same or similar job category"
requirement, will it use the DOC job code, in which case
I'll be screwed?

3). What's the worst scenario? If INS decides to reject my
GC application, what's my options then? Can I appeal?

4). Has anyone used AC21 but got rejected because of situation
like mine?

Please help!
 
gclongwaiter said:
Hi,

This is an emergency. So please help.

I submitted my I-485 a year and half ago and I currently
have two new job offers (with dealines).
My current company is a CAD software
company and both new job offers are also in software but
in different fields. The one that I like is actually in
medical image archiving and communication system (PACS).
All titles will be same: senior development engineer. And they
are all in software development. The PACS job is very very
similar to what I've been doing within the current company.

Now my concern: although what I've been doing is pure software
development, this is not emphasized in my LC and I-140
application. Actually my I-140 says:

Will apply knowledge of design and fabrication of
micro-electro-mechanical systems ("MEMS") device,
electromechanical modeling, CAD software, and computer
operating systems to provide product design and development
at both the device and system level.

**Or, in the alternative, a Master's Degree in engineering,
computer science, physics, chemistry or mathematics, and 2
years experience in job offered or 2 years experience
developing CAD applications.

What's worse, on the LC approval letter, the DOC job code
is electronics design engineer, which is totally different
from what I've been doing within my current company. I know
little about electronics design.

So here is the question:

1). Do my new job offers fall into the "same or similar
job category" as required by AC21?
------ in simple words your new employer future permanent job offer letter should state the same job title same skills, job duties on LC ( that is much better and no complications if you do that)
2). When INS looks into the "same or similar job category"
requirement, will it use the DOC job code, in which case
I'll be screwed?
---They CAN look
3). What's the worst scenario? If INS decides to reject my
GC application, what's my options then? Can I appeal?
----- you can go for appeal but it is wastage of money, time and99% appeal cases are rejected
4). Has anyone used AC21 but got rejected because of situation
like mine?
---I dont know
Please help!
Click to expand...
*** stick to your employer or find SAME/SIMILAR job and dont complicate your GC process
 
gclongwaiter,

I think the key is whether or not your new employer will be willing to cooperate with you to work on an EVL that describes same/similar job title and description. You can use some generic wording. My advice is:
Title: Try "System Design Engineer" which can be applicable for both software and hardware.
Description: Try ask your employer to say something like "Mr. XX is doing system design work and is paid with $xx salary" and in your AC21 letter say something like "I am doing system design work in my current company which is the same as what I did in my previous company"

Bottom line: The USCIS adjudicators don't have knowledge of all kinds of work that different people do. Do you expect them to be software, hardware, biology, chemical, etc. experts? No way! They are just following procedures. So as long as you have proof, they are "off the hook".

So try negotiate with your new employers before you make the decision.

Good luck!
 
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