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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 10-29-2007, 02:00 PM
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sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of sundeep14 has much to be proud of
Thumbs up AC-21 Planning for move to SAP

I checked my current labor certification. it has the following details :

ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER

B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST

D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

Any ideas friends?
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  #2 (permalink)  
Old 10-29-2007, 04:33 PM
jsb jsb is offline
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Quote:
Originally Posted by sundeep14 View Post
I checked my current labor certification. it has the following details :

ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER

B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST

D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

Any ideas friends?
There is no hard and fast rule in this matter. "Same or similar" is very vague. My guess is that if new work field is not drastically different you should be fine. But for AC21 application, as I hear, you need do nothing unless there is an RFE. Guidelines given by USCIS to their field office on AC21, seem to advise them to be quite lenient.
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  #3 (permalink)  
Old 10-29-2007, 10:03 PM
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^bump
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  #4 (permalink)  
Old 10-29-2007, 10:06 PM
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I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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  #5 (permalink)  
Old 10-29-2007, 11:20 PM
jsb jsb is offline
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Quote:
Originally Posted by GC_newbee View Post
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
One should ask experts, or may try to find answer in USCIS FAQs. But as I learnt from various sources, you do nothing, unless asked, i.e. there is nothing to send or tell to USCIS.
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  #6 (permalink)  
Old 11-06-2007, 11:07 PM
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GC_newbee will become famous soon enough GC_newbee will become famous soon enough
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Any other ideas/suggestions friends?
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  #7 (permalink)  
Old 11-07-2007, 03:17 AM
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Quote:
Originally Posted by GC_newbee View Post
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...

any authentic document on AC21 releated to job change and promotion?

Last edited by sunofeast_gc; 11-07-2007 at 03:22 AM.
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  #8 (permalink)  
Old 11-07-2007, 03:19 AM
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sunofeast_gc has a spectacular aura about sunofeast_gc has a spectacular aura about
Default

Quote:
Originally Posted by sundeep14 View Post
I checked my current labor certification. it has the following details :

ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER

B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST

D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

Any ideas friends?
sundeep
as far similar job is concern you can check this below site
http://online.onetcenter.org/link/summary/15-1031.00

Summary Report for:
15-1031.00 - Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.

Sample of reported job titles: Software Engineer, Application Integration Engineer, Programmer Analyst, Computer Consultant, Software Architect, Software Developer, Software Development Engineer, Business Systems Analyst, Programmer, Software Analyst
__________________

-----------------------------
PD - APR 2003 EB3 India
Service Center: NSC

(485/AP/EAD) Receipt Date: June 15th 2007
(485/AP/EAD) Notice Date: July 12th 2007
FP Noticed date: 08/17/07; FP appt. date: 09/14/07
I-485 LUD: 07/16/07, 07/17/07, 07/18/07, 09/14/07, 09/17/07
I-131 LUD: 07/16/07, 07/17/07, 07/18/07, 10/04/07, AD: 10/04/07
I-765 LUD: 07/16/07, 07/17/07, 07/18/07, Got Cards 09/26/07
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  #9 (permalink)  
Old 11-07-2007, 08:20 AM
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canmt is infamous around these parts canmt is infamous around these parts
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If you do not inform USCIS there is considerable risk you will be taking if your I-140 gets revoked and subsequent RFE do not get into your hands in time.

You will have to write a simple letter stating your intent to change employer and support it with your offer letter and pending I-485 receipt. Usually, the offer letters from employers don't go into details of job duties in such cases you'll get a RFE to obtain a letter from your current employer stating your job duties. You can respond to that RFE and be rest assured that it will go into USCIS system and forget worrying about I-140 revocation for rest of your life or for that matter changing employers.

If you think your lawyer can play foul with your green card prospects. This is the right time to submit AC21 with a new G-28 so the new lawyer will get all future correspondence from USCIS otherwise you'll have to go through whole lot of trouble to get a copy of the RFE and respond to it on time.

I hope this helps and good luck on your green card pursuit...

Last edited by canmt; 11-07-2007 at 11:07 AM.
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  #10 (permalink)  
Old 11-14-2007, 12:07 PM
Member
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Good Replies / Discussions ...
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  #11 (permalink)  
Old 11-14-2007, 01:08 PM
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HereIComeGC can only hope to improve
Thumbs up

Quote:
Originally Posted by sunofeast_gc View Post
sundeep
as far similar job is concern you can check this below site
http://online.onetcenter.org/link/summary/15-1031.00

Summary Report for:
15-1031.00 - Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.

Sample of reported job titles: Software Engineer, Application Integration Engineer, Programmer Analyst, Computer Consultant, Software Architect, Software Developer, Software Development Engineer, Business Systems Analyst, Programmer, Software Analyst

That was a fantastic link!!! Thanks!!
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  #12 (permalink)  
Old 11-14-2007, 05:31 PM
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gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute gc_kaavaali has a reputation beyond repute
Default it is upto you

It is upto you...you can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking AC21...so it is upto you. As far as job description...your labor has good details...it covers everything...I think u r fine...you can go ahead and join compnay....but i am not an attorney...contact your attorney...

http://boards.immigration.com/showthread.php?t=153407


Quote:
Originally Posted by GC_newbee View Post
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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  #13 (permalink)  
Old 11-14-2007, 07:09 PM
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hawkeye1 is on a distinguished road
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If a labor is applied in EB3 category and later 140 is applied under eb2(bs+5 year experince and salary range). Will there be any complications after invoking AC21?

Thanks!
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  #14 (permalink)  
Old 11-14-2007, 07:48 PM
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If the job offered is for 15-1031 and job responsiblities remain the same as 15-1031. It should be ok to work on SAP or any other bleeding edge technologies. Call USCIS and ask them for information.

Last edited by canmt; 11-14-2007 at 07:52 PM.
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