AC21 / Job Title / Issues

[RNGC]

I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

Thanks for all your inputs.

[eb3retro]

Originally Posted by RNGC

I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

Thanks for all your inputs.

i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

[krishna_brc]

Originally Posted by eb3retro

i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

Well said eb3retro.
I totally agree with you.

[RNGC]

^^

[copsmart]

This is my Attorney’s take on “same or similar job”:

Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.

I also asked him about Location and Salary requirements. This what he said…

Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.

So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.

[LostInGCProcess]

Originally Posted by eb3retro

i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess.
Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!

[theMan]

have to agree with eb3retro. I took the same route as well.

[pappu]

http://immigrationvoice.org/wiki/ind...TIONS/AC21_FAQ
We have created this area for the topic. You can also add useful info to it to help others.

[gc28262]

When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

Or is the receipt number enough ?