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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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Old 02-12-2011, 12:07 PM
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Priority Date
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Feb-07
Category
:
EB2
I140 Mailed Date
:
07/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
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Default Porting JOB on EAD - What is "similar role and responsibility"

Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

Following are the details from my labor:

Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

Thanks in advance.
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  #2 (permalink)  
Old 02-14-2011, 02:15 PM
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Priority Date
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May-07
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EB3
I140 Mailed Date
:
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:
India
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Default Porting JOB on EAD - What is "similar role and responsibility"

I changed my job using EAD couple of years back with the same situation that you have. My old role/resp was that of Programmer Analyst and the new was Lead Architect/Manager. My new employer (A fortune 500) helped me in providing the right job description so that it fits with filing for AC21. Obviously, I still do most of those work too as a Architect/Manager.
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  #3 (permalink)  
Old 02-20-2011, 02:01 PM
Member
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
07/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Sep 2008
Posts: 27
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To bring more details to my question:

a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.

Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

Thankis in advance.
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