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pal351
06-23-2008, 03:25 PM
Hi gurus,
I have some questions on AC 21, Please share your thoughts and experiences.

I got on contract-To-Hire offer If I take this , I need to be on the Vendor's Payroll for 6 Months and then The actual Client will convert me as employee.

The vendor is American Consulting company.

My Qs are
1) In this Case I have to use AC21 twice is it safe?
2)Do I need to let USCIS know twice?
3) And I need to Use my EAD Clinet will not sponser any H1 B

Please ,pleas help me I need to take decission ASAP


My PD is Aug 2004 EB3 India.


Thanks,
-Raj.

kaisersose
06-23-2008, 04:05 PM
Hi gurus,
I have some questions on AC 21, Please share your thoughts and experiences.

I got on contract-To-Hire offer If I take this , I need to be on the Vendor's Payroll for 6 Months and then The actual Client will convert me as employee.

The vendor is American Consulting company.

My Qs are
1) In this Case I have to use AC21 twice is it safe?
2)Do I need to let USCIS know twice?
3) And I need to Use my EAD Clinet will not sponser any H1 B

Please ,pleas help me I need to take decission ASAP


My PD is Aug 2004 EB3 India.


Thanks,
-Raj.

1) In this Case I have to use AC21 twice is it safe?
As long as you comply with AC21 requirements, you can change jobs any number of times.

2)Do I need to let USCIS know twice?
Informing USCIS about your job change is optional. You can either do it or not do it or do it only for 1 job..entirely up to you.

3) And I need to Use my EAD Clinet will not sponser any H1 B
The H-1 does not provide any benefit over the EAD. It is more expensive to maintain too.

pal351
06-23-2008, 04:48 PM
Thanks Alot for your quick response

neel_gump
07-08-2008, 12:17 AM
These are some of the answers I found in murthy.com website

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Determination of "Same or Similar" Job for AC21 Portability
©MurthyDotCom
Many questions arise about how to determine whether a new job offer fits within AC21's "same or similar" requirement. This May 2005 Memo specifies that the examiner must review the job duties in the labor certification or, if a labor certification is not required, in the I-140. These job duties are to be compared to the new job to determine if they both fall within the same or similar occupational classification. The examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
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Question 5 : What is meant by "same or similar" job? TOP

The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the INS position as mentioned in the June 2001 INS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior INS officers at various meetings. In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.