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__________________
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. ++++++++++++++++++++++++++++++++++++++++++ If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you. ++++++++++++++++++++++++++++++++++++++++++ |
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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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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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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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Disclaimer: I am not a lawyer , please seek a professional lawyers opinion. ** Contributed $200 & Pledged for $100 every month ** - 485 receipt received : Sept 17th -EAD - Card production ordered - Sept 24th -485: NSC - Mailed july 25th. Received jul 26 -140: TSC - Approved Jul/aug 07 -Labor: TSC - June 06 |
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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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