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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 07-23-2009, 12:07 PM
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I140 Mailed Date
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Default AC-21 and promotion

My labor was initially filed as systems analyst for a software development company in 2006. Since then i've had a couple of promotions and moved up vertically within the same company first as a team leader and then as a Software Development Manager. I have not send any AC-21 letter to USCIS as the lawyer didn't see a problem with it initially. Now i'm looking into moving to another position to another company in similar managerial or director level positions leading software development teams. Will there be a problem? Yes, i know the jobs have to be "same or similar" and I know that USCIS is vague about it so i'm not expecting authorative answers as with USCIS only God knows... but has anyone been in similar position and what has been their experience?

Seems like a natural progession of my responsibilities and if i were to take it to court with USCIS (If I even get an RFE for EVL and my I-485 got denied) I don't see me losing. Any feedback or personal experiences are appreciated.

Thanks!

PS. Yes, i know this topic's been beaten to death but I know many of us are facing similar situations as the AOS status is taking forever. Seems like if we take matters in our own hands, there's nothing to lose.
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  #2 (permalink)  
Old 07-23-2009, 12:15 PM
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As for as I know, you cannot and here is why:

http://immigrationvoice.org/forum/fo...-and-ac21.html (Career growth and AC21)

http://immigrationvoice.org/forum/fo...rs-of-h1b.html (Job duties change after 6 years of H1B)
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  #3 (permalink)  
Old 07-23-2009, 12:24 PM
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Sep-05
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Firstly congratuations on your promotions.

Second, the 2 threads qasleuth has posted give you a lot of pertinent info. That said, if you can manage to get a letter with some "generic" write-up of your job duties, maybe focussing more on the technical aspects and less on the managerial aspects using a liberal dosage of some of the keywords used in your original labor certification, you most likely should be ok. Ofcourse lightening can always strike.

FWIW, if you are getting decent career growth in your own firm with decent raises and the work environment and culture are not too bad, you may consider sitting it out there till your GC gets approved. And yes I know.... when you get an itch, you have to scratch. I've been there and done that

Quote:
Originally Posted by gman View Post
My labor was initially filed as systems analyst for a software development company in 2006. Since then i've had a couple of promotions and moved up vertically within the same company first as a team leader and then as a Software Development Manager. I have not send any AC-21 letter to USCIS as the lawyer didn't see a problem with it initially. Now i'm looking into moving to another position to another company in similar managerial or director level positions leading software development teams. Will there be a problem? Yes, i know the jobs have to be "same or similar" and I know that USCIS is vague about it so i'm not expecting authorative answers as with USCIS only God knows... but has anyone been in similar position and what has been their experience?

Seems like a natural progession of my responsibilities and if i were to take it to court with USCIS (If I even get an RFE for EVL and my I-485 got denied) I don't see me losing. Any feedback or personal experiences are appreciated.

Thanks!

PS. Yes, i know this topic's been beaten to death but I know many of us are facing similar situations as the AOS status is taking forever. Seems like if we take matters in our own hands, there's nothing to lose.
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