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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 07-31-2007, 10:11 PM
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Default Are "Sr Support Engineer" and "Software engineer" AC21 Similar ?

Hi,
In my labor The position is
Sr Support Engineer - (COS code - 15-1041.00)
--
Analyzing and troubleshooting customer-reported problems and determining whether it's a product issue or a third party product issue;
Providing first-line written and verbal consultations to debug customer issues of high levels of complexity;
Working with other internal groups to discover and deliver a solution to customers' problems;
---
Where as after 180 days of AOS filing, I am changing job to
software Engineer - COS Code - 15-1031.00
role :
Design, develop and modify software systems

Can I use AC21 portability for these two jobs being similar ?
If any body has idea that Major COS code "15" here, matches USCIS can infer that they are similar jobs ?
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  #2 (permalink)  
Old 07-31-2007, 11:01 PM
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I think a RFE will ask for an employment letter from the new employer. In it, if you can add the job description of what was filed in labor (along with the new job duties), then you should be fine.

You can confirm this with an attorney. Why don't you make use of the free service provided by IV immigration atty, Susan?

I strongly recommend you to also become a contributing member of IV, for it has provided a platform for people like us to mingle, query and work towards common issues. Will you disappoint me?
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  #3 (permalink)  
Old 08-02-2007, 02:44 PM
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Default What my lawyer says.

Thanks , I'll be contributing very soon to IV.
--My Lawyer says.
(1) If you are support Engineer then you do talk to customer, you install the software at your end, you try to reproduce the problem, you go through code, Do some Unix shell script/javascript etc.
So Basically you are using software/programming etc.
Now when you will become software Engineer, you will do the job of writing the code/fixing bugs/designing /documentation etc.
Now as long as you play with software(either support or develop or do both) they can defend this as AC21 portable.
They they say that generally at the time of sending the letter to USCIS about AC21, they mix/match/mingle the old role (in the labor) and the new role so it becomes difficult for USCIS to judge if they are not same/similar :-)
They say even that if you switch between Software Engineer/Software Architect/Product Support Engineer/Database Admin/Database Programmer/QA Testing Engineer etc they can easily defend you under AC21
However they say that they can not defend(or it will be difficult) if
(1) You change your role to Manager/Supervisor.
(2) You join IT department where they fix hardware.
(3) Of course if you go to other department HR/Marketing/Product Management/Legal etc.

They also say that they have never heard of a case in which USCIS has denied I-485 on the basis of AC21 if it was in the Software industry.(Development/QA/Support etc).So USCIS seems to be on easy for this topic unless otherwise People change to different indistry itself (Hardware/HR/Marketing/Legal etc). Even he gave example that he has defended a case in which Software engineer promoted to Manager (By showing 50 % role as of Software Development/coding etc ).
He also said that as per USCIS Field Manual(Rule book) Officers are instructed not to reject any AC21 case themselves unless they get confirmation from headquarters that jobs are not similar. This may be one of the reason that they don't bother rejecting the case on AC21, as they don't want to go in hassle of communicating with headquarter and approve the case unless it is obvious different.

I am not sure if my lawyer is more than flexible or what ? May be different for different lawyer .
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  #4 (permalink)  
Old 08-02-2007, 02:48 PM
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I think you should be OK as I clarified this issue with couple of Attorneys. However, In my case it was Sr. SE --> Lead SE.
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  #5 (permalink)  
Old 04-09-2008, 03:23 PM
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softgc,
Did you went ahead with AC21?
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  #6 (permalink)  
Old 04-11-2008, 09:33 PM
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so when does this AC21 issues come up - at the time of I-140 approval or the actual I-485 approval (never been in this situation but wondering what you guys are talking). care to shed some more light on this.

thanks
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