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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 06-08-2008, 01:58 AM
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Default AC21 - Programmer Analyst to Computer Systems Analyst

I got a fulltime offer and new title is Computer Systems Analyst.

My current GC labor says
Title : Programmer Analyst
Occupation Code: 030.162-014.

New job
Title : Computer Systems Analyst
O*NET SOC Code : 15-1051.00

Could anybody please let me know is there any problem using AC21 in my case.

http://www.onetcodeconnector.org/fin...r+analyst&g=Go

http://www.onetcodeconnector.org/ccreport/15-1051.00
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  #2 (permalink)  
Old 06-08-2008, 02:54 AM
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gcformeornot will become famous soon enough
Default per my lawyer

Title is the only thing that needs to be matched exactly.....
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  #3 (permalink)  
Old 06-08-2008, 03:22 AM
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Default

Quote:
Originally Posted by gcformeornot View Post
Title is the only thing that needs to be matched exactly.....
Maybe not as per Sheela Murthy.....

I'm planning to use AC21 and my job title is Sr.Business Systems Analyst.My LC job title is Software Engineer.
I've consulted with 2 different attorney's and they have re-iterate the same...Job title doesn't matter but the job duties shoud be same or similar.



Question 4 : My new job has a different title, but the same basic duties as the job described in the labor certification. Will that work? TOP

It should, though INS makes a case-by-case determination. The requirement of "same or similar" is determined by the description of the essential job duties. The title may change, as different companies use different titles. The INS position appears to be that the core job duties should be essentially the same or similar in order for the INS to approve the I-485 with a new employer.



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.

Last edited by rkumar18; 06-08-2008 at 03:25 AM.
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  #4 (permalink)  
Old 06-08-2008, 11:14 AM
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Default

thanks for your responses.

What if the salary is 80% more than GC salary?
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  #5 (permalink)  
Old 06-08-2008, 01:06 PM
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ansari is on a distinguished road
Default Then I would move to where you are

:d
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  #6 (permalink)  
Old 06-08-2008, 02:23 PM
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Job titles do not matter, as long are you are not Software Developer in your GC labor and Director of Technology in the new job offer. There should NOT be an eye-catching difference in titles.

The best and the safest route to take is to match the SOC codes and pin point it to the least the top level code. I imagine that is the first thing that is noticed by USCIS, the rest is how closer you are in terms of job description / responsibilities. If there is a huge offset there - you have a problem. Since there is no definitive interpretation here from USCIS, just make sure you do not deviate a lot from your GC labor SOC Code, Title and Job description.

Good luck.
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  #7 (permalink)  
Old 06-08-2008, 03:21 PM
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raghav235 will become famous soon enough
Default Programmer Analyst to Senior Programmer Analyst

Hi,

I am also in the same boat. I am planning to utilize AC21 act. I recently got FT offer in different location (not in my current client place) and the job title is Senior Programmer Analyst. I am not sure what is the SOC job code for my new job but my old job title is Programmer Analyst and the job code is 15-1032.00. And job responsibilities mathes very well (almost exact), please suggest if any problem with the job title and location change.

Thank you.
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  #8 (permalink)  
Old 06-08-2008, 06:20 PM
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ingenix will become famous soon enough
Default

I have a related question:
Lets say it is going to take 5 years to get GC from today.

And lets say i change 3 jobs till 2013(5 years from today) --- Now when the GC/I485 adjudication comes up - does USCIS check what all my job resposibilites were with the previous emploers - or just the one that i will be in 2013 ..

Just trying to find some loop holes - in this stupid laws of AC21
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  #9 (permalink)  
Old 06-08-2008, 07:07 PM
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Default

Quote:
Originally Posted by ingenix View Post
I have a related question:
Lets say it is going to take 5 years to get GC from today.

And lets say i change 3 jobs till 2013(5 years from today) --- Now when the GC/I485 adjudication comes up - does USCIS check what all my job resposibilites were with the previous emploers - or just the one that i will be in 2013 ..

Just trying to find some loop holes - in this stupid laws of AC21
This is a good question. AFAIK, its the job that you hold during the adjudication.

Can experts comment?
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  #10 (permalink)  
Old 06-08-2008, 07:17 PM
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Aah_GC is on a distinguished road
Default

USCIS would only check your then-current Job title. Your GC is for future employment, so as long as you have a prospective job-offer that is same / similar to your Job title / description in Labor certificate or if you have a job offer from the company who sponsored your GC - you should be good.

Good luck!

Quote:
Originally Posted by ingenix View Post
I have a related question:
Lets say it is going to take 5 years to get GC from today.

And lets say i change 3 jobs till 2013(5 years from today) --- Now when the GC/I485 adjudication comes up - does USCIS check what all my job resposibilites were with the previous emploers - or just the one that i will be in 2013 ..

Just trying to find some loop holes - in this stupid laws of AC21
__________________
Peace is more important than GC

Contributed $700 and made calls to Senators
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  #11 (permalink)  
Old 06-08-2008, 07:38 PM
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Aah_GC is on a distinguished road
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What is your new Job title? You can find your new SOC code here -

http://online.onetcenter.org/



Quote:
Originally Posted by raghav235 View Post
Hi,

I am also in the same boat. I am planning to utilize AC21 act. I recently got FT offer in different location (not in my current client place) and the job title is Senior Programmer Analyst. I am not sure what is the SOC job code for my new job but my old job title is Programmer Analyst and the job code is 15-1032.00. And job responsibilities mathes very well (almost exact), please suggest if any problem with the job title and location change.

Thank you.
__________________
Peace is more important than GC

Contributed $700 and made calls to Senators
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  #12 (permalink)  
Old 06-08-2008, 09:57 PM
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raghav235 will become famous soon enough
Default Programmer Analyst to Senior Programmer Analyst

Aah_GC, Thank you very much for the response.

As per the url that you provided I found my new job code is 15-1021.00 (Relevenace score 100) and my current job's (I found this from my approved labor) is 15-1032.00. Could experts please let me know your feedback/thoughts (how risky) on this? Basically my work is same but the position is a senior level (just an upgrade) compared to the current one in a different location. Any direction/comments in this matter is greatly appreciated.

Thank you
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  #13 (permalink)  
Old 06-09-2008, 11:08 AM
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Default

Quote:
Originally Posted by buddhaas View Post
thanks for your responses.

What if the salary is 80% more than GC salary?

holy cow!! 80 % more? is it a typo ?....... Good for you........dont let it go...go for it..
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  #14 (permalink)  
Old 06-09-2008, 11:56 AM
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Default job code..

Quote:
Originally Posted by Aah_GC View Post
What is your new Job title? You can find your new SOC code here -

http://online.onetcenter.org/

hi aah gc,

in this i tried to search for the implementation consultant position and I am not getting any hit at all, any ideas?
__________________
EB3 - India
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I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
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Total cost if I had bought a labor certification those days and having a GC by now - $15000
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  #15 (permalink)  
Old 06-09-2008, 01:21 PM
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ingenix will become famous soon enough
Default

Then i guess there nothing to worry.
1. Take any job that u want to take up -- forget the title -- forget the job responsibilities....
2. When your priority date comes near -- find a Desi employer who will you a empoyment verification letter as per your GC-Labour...

YOu have to find these loopholes and beat the Stupid System -- because the USCIS does not have a SOUL they just know to follow rigid rules.



_____________________________________________
_______________________________
USCIS would only check your then-current Job title. Your GC is for future employment, so as long as you have a prospective job-offer that is same / similar to your Job title / description in Labor certificate or if you have a job offer from the company who sponsored your GC - you should be good.

Good luck!


Quote:
Originally Posted by ingenix View Post
I have a related question:
Lets say it is going to take 5 years to get GC from today.

And lets say i change 3 jobs till 2013(5 years from today) --- Now when the GC/I485 adjudication comes up - does USCIS check what all my job resposibilites were with the previous emploers - or just the one that i will be in 2013 ..

Just trying to find some loop holes - in this stupid laws of AC21
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