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ac21 , changing job , eb3 , programmer , project manager
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  #1 (permalink)  
Old 02-16-2009, 12:20 AM
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Default with AC21 Can I change Job from Programmer to Project Manager?

Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
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  #2 (permalink)  
Old 02-16-2009, 12:25 AM
Senior Member
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eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future eb3retro has a brilliant future
Default profile.

Quote:
Originally Posted by durgakprasad View Post
Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
could you please update your profile? thanks.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
RD-July 2nd,2007
ND- Aug 3rd, 2007
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.

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  #3 (permalink)  
Old 02-16-2009, 12:26 AM
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Default

Quote:
Originally Posted by durgakprasad View Post
Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.

Any thing other than that is a straight NO.

ALSO PLEASE UPDATE YOUR PROFILE
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  #4 (permalink)  
Old 02-16-2009, 01:16 AM
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kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold kc_p21 is a splendid one to behold
Default According to Ron Gotcher -

As long as your job is in similar field, you are ok.

Quote:
Originally Posted by krishna_brc View Post
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.

Any thing other than that is a straight NO.

ALSO PLEASE UPDATE YOUR PROFILE
__________________
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PD - Feb 03
I-140 Approved, 485 Filed
Contributed $375 so far
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  #5 (permalink)  
Old 02-16-2009, 11:43 AM
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Default

hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.

so you are safe.

But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
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  #6 (permalink)  
Old 02-16-2009, 12:11 PM
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texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all texcan is a name known to all
Default AC21 is not mandatory, even if it is..go for PM job

Quote:
Originally Posted by gcdreamer05 View Post
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.

so you are safe.

But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.

My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...

Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....

I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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  #7 (permalink)  
Old 02-16-2009, 01:38 PM
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Default

Quote:
Originally Posted by durgakprasad View Post
Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
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  #8 (permalink)  
Old 02-24-2009, 04:10 PM
jsb jsb is offline
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Default

Quote:
Originally Posted by durgakprasad View Post
Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
As many have said, no need to send anything to USCIS, unless asked for. If needed, get a job description (without your specific title), which has more words as in your original LC. Describe computer programming related activities, which may include managing computer applications, design computer systems, analyse computer design models, etc. etc.

As some said, as long as you are in the same field, you are ok. Even if you are called a manager, your job requires knowledge of computer system designs, programming, etc. USCIS is lenient in this regard.
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  #9 (permalink)  
Old 02-24-2009, 04:15 PM
Donor
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Default please Update your profile !

Quote:
Originally Posted by durgakprasad View Post
Hi,

Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

My I-485 is still pending past 180 days and I-140 is approved.

Thanks so much in advance for replying.
please Update your profile ! It will help us to Track
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