What does "Close Job Description" mean?

R

rickz

Registered Users (C)
My lawyer says that if you want to change jobs while your i485 is pending your new Job Responsibilities should be close to the Job Description on I-140.

Now the problem is, with the current job market, what's the probability one can find same or very close job responsibilities?

Is it really necessary? What will happen if the responsibilities are different?

If anybody has some thoughts about it, please, kindly share.

Thanks in advance.
 
BCIS Guidance on AC21 180-Day Rule for EB-485 Filers

A) Availability of 180-Day Rule for I-485 Applicants Who Were Not Employee of the I-140 Petitioner: The approved I-140 petition may be ported to a new employer for a same or similar occupational classification. The memo states that it is possible for an alien to qualify for the 180-day portability even if he or she has never been employed by the prior petitioning employer or the subsequent employer under AC 21. However, the evidence must be there that an offer of employment must have been boda fide, and the employer must have had the intent at the time the I-140 petition was approved.

B) Withdrawal or Revocation of I-140 Petition Before 180 Days: The I-140 petition is no longer valid and cannot be ported to a new employer after 180 days.

C) Revocation of I-140 Petition After 180 Days for Fraud: The I-140 petition becomes invalid and cannot be ported to a new employer even after 180 days.

D) Withdrawal or Revocation of I-140 Petition After 180 Days After New Employment of Similar/Same Occupation: The approved I-140 petion will remain valid and I-485 will be completed as filed.

D) Filing Requirement for Change of Employer: If the I-140 is withdrawn but the beneficiary has failed to file evidence of a new qualifying employment before that time, BCIS must issue Notice of Intent to Deny I-485. If the qualifying new employment is then timely submitted, BCIS may consider the approved I-140 valid for the purpose of continuous adjudication of I-485 even after the Notice to Deny has been issued. It is thus critically important that people either file the change of employer as soon as the employment change takes place or if the Notice to Deny is received, they respond to such Notice "timely" and with "required evidence." If the Notice is not timely reponded, the BCIS will deny the I-485.


SOURCE: http://uscis.gov/graphics/lawsregs/...0_AC21_8403.pdf

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I think title doesn't matter. Responsibility should match with Labor Cert. You don't need to work in similar area but you need to get a letter from the new employer that matches the Labor cert.
 
ACV 21 is too vague. It's wide open for case officer's interpretation.

Keep your fingers crossed when you use it.
 
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