Moving from Software Engineer to Product Manager position

[catcher_rye]

Gurus,

My EB3 labor was filed in 2005 for a software engineer position and I have been with this company for over 10 years. This is a big company and has done layoffs almost every year! Due to this, I am less inclined to stay and file another labor in EB2. I am on EAD working as a Product Manager and have completed MBA recently. I am planning to switch to another company as a (Sr.) Product Manager (individual contributor though).

Will the new company have issue in filing AC21? Job or wage code will obviously be different so not sure if it will cause any problems later. I am also going to ask the new company to file EB2 PERM and port the priority date. I have talked to a bunch of people and have received mixed opinions. Would I be better off staying in my current role/company or switching to another company where I might have better chances of getting a GC in EB2.

What do I ask the new company in order to make sure AC21 and subsequent new filings go smoothly? Please provide any and all input. This is becoming a make or break situation as I haven't had a promotion in a long time and I am desperate to explore other opportunities.

Thank you and good luck to all!

[DallasBlue]

Gurus,

My EB3 labor was filed in 2005 for a software engineer position and I have been with this company for over 10 years. This is a big company and has done layoffs almost every year! Due to this, I am less inclined to stay and file another labor in EB2. I am on EAD working as a Product Manager and have completed MBA recently. I am planning to switch to another company as a (Sr.) Product Manager (individual contributor though).

Will the new company have issue in filing AC21? Job or wage code will obviously be different so not sure if it will cause any problems later. I am also going to ask the new company to file EB2 PERM and port the priority date. I have talked to a bunch of people and have received mixed opinions. Would I be better off staying in my current role/company or switching to another company where I might have better chances of getting a GC in EB2.

What do I ask the new company in order to make sure AC21 and subsequent new filings go smoothly? Please provide any and all input. This is becoming a make or break situation as I haven't had a promotion in a long time and I am desperate to explore other opportunities.

Thank you and good luck to all!

Here is my understanding,

- companies/lawyers file for H1 and then perm/140/485 , if the new position is different than your original labor/perm
- filing AC21 is a grey area according to many, you can file or cannot file.
- some companies allow you to work on EAD so you can start working on EAD with the new company in new position then file for perm/140/485

'always presume that most of the people here with PD's from 2k2 to 2k6 have been here in the US for close to a decade or more. So in 2k9 & 2k10 , everyone in EB3 was advised 'port baby port' lot of them did , but those working in big companies stuck with their full time jobs. Now with IT recruiting being as hot as it can be , if you have a chance you should port , some have successfully ported with in an year's time or earlier.

again this is my personal opinion, consult experts.

good luck to you

[catcher_rye]

Thanks for the reply DallasBlue!
Understand that filing AC21 is a grey area. If the new company does decide to file AC21, would a change of role from S/w engg to PM cause a problem? That's where I am stuck and unable to decide whether to move or continue to wait.

[dmitri]

hello,
one question for you...
how were you able to make this transition man...from programming to product manager
i am tired or programming man but can't figure out a way to get out of it.
all non-tech jobs require prior experience in that field...but only experience i have is programming programming and programming!!!when i got into it 8 years ago it was the most sought after field for MS grads...
will an MBA help?
can you advise? :)seriously...

thanks

[m306m]

Gurus,

My EB3 labor was filed in 2005 for a software engineer position and I have been with this company for over 10 years. This is a big company and has done layoffs almost every year! Due to this, I am less inclined to stay and file another labor in EB2. I am on EAD working as a Product Manager and have completed MBA recently. I am planning to switch to another company as a (Sr.) Product Manager (individual contributor though).

Will the new company have issue in filing AC21? Job or wage code will obviously be different so not sure if it will cause any problems later. I am also going to ask the new company to file EB2 PERM and port the priority date. I have talked to a bunch of people and have received mixed opinions. Would I be better off staying in my current role/company or switching to another company where I might have better chances of getting a GC in EB2.

What do I ask the new company in order to make sure AC21 and subsequent new filings go smoothly? Please provide any and all input. This is becoming a make or break situation as I haven't had a promotion in a long time and I am desperate to explore other opportunities.

Thank you and good luck to all!

There are a few consideration when you are thinking of using AC21 to port to a new position that is not the same job code as the position your I140 was approved in.
- A significant difference in salary will make the port suspect
- If the job description is significantly different the port may be denied (ie. moving from individual engineer to a engineering mgr may be acceptable but moving from engineer to a Product Manager may be difficult). Get the your approved I140 and the New job offer reviewed by a compitent immigration attorney prior to accepting the job to get his view if a port will go through.

Look at page 3 of this link:
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

The question that you should be concerned with is:
Question 3. What is “same or similar” occupational classification for purposes of I-140
portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification. C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this
section for further clarification).

[shreekhand]

BTW... good timing with this thread.

I was just about wondering lately what code would be used for a product manager? There is no related code under FLCDataCenter.com (http://www.flcdatacenter.com/oeswizardstart.aspx)

Would it be Marketing Manager ??