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Ac21 Job Change And Description

Discussion in 'AC 21 I-140 Portability' started by GCdenababa, May 7, 2015.

  1. GCdenababa

    GCdenababa New Member

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    My employer did not share with me the exact job description or code that he had provided in the PERM. I want to change my job on EAD now and ready to file AC21.My employer is willing to provide the letter but is asking me what to write there so that it shows as a similar job.I ported from EB3 to EB2 in the same company.What can I do in such cases ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    GCdenababa likes this.
  3. mfd1402

    mfd1402 Senior Member

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    Ron
    Would a IT professional who had doing software development for financial applications but who has now switched to doing software development for healthcare applications fall in the same or similar job description also if eb2 does the new job also need to qualify for eb2 i.e MS or 5 yrs work experience
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In my opinion, those jobs are in the same or similar occupation classification.
     
  5. mfd1402

    mfd1402 Senior Member

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    Ron
    If I move to a new employer is there a way to make sure that any RFE copies are sent to myself i.e primary applicant instead of previous attorney so I can recieve any issued RFE in a timely fashion
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If an RFE or NOID is issued concerning the I-140, it will always go to the employer and the employer's attorney. With respect to an I-485, that application belongs to the employee. An employee can write to the USCIS and tell them that they no longer wish to be represented by the attorney that filed their AOS package. In that case, everything will be sent to the employee.
     
  7. GCdenababa

    GCdenababa New Member

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    Thank you Ron. The job is the same. I am joining the Client.However I also have one more concern.What if my employer revokes the i-140 after I leave him. Will that impact my I 485 in any way. My guess is is that he cannot do so after 180 days have passed.Need some reassurance before I take the plunge
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Existing case law holds that if you are past 180 days, it doesn't matter what the employer does.
     
  9. venkat USA

    venkat USA New Member

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  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This isn't a rule yet. It is a notice that they are working on a new rule and a general description of what it will involve.
     
  11. ram ka

    ram ka New Member

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    Hello Ron, quick question could you please shed some light on the words "Same or Similiar Occupational Classification" Does that mean that we are good if we find a job in the same field for which the I140 was filed (like I140 filed for an IT Manager, and using AC21 as IT developer)? or do the job responsibilities shuold match for both the job? What is the bench mark of job responsibilities to determine if the person is working in the same or similiar classification by the case adjudicators??
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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  13. Tintu Pathrose

    Tintu Pathrose New Member

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    Sorry if what i am about to post is stupid.
    when i look at the GC inventory, it seems like to get to MAY2010 on EB2 , its like 20k Visa's . As i understand there are more 20k visa's available each year including the spill over. as china's EB2 and EB3 are very low. so are other countries.
    .
    shouldn't the allotted visa's cover that number in any case? if not where are these numbers going to?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's not a stupid question. If the superficial figures correct, then your conclusion would be correct. Unfortunately, the numbers they release are wholly untrustworthy.
     
  15. Tintu Pathrose

    Tintu Pathrose New Member

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    each country is allocated 2802 visa's every year for each quota.

    so EB1 for 2015- 40k
    according to data demand for this number is 5k. lets assume it becomes 20 k.which is 3k more than last year.
    the spill over for that is 20 k

    So EB2 for 2015- is 40k +20 K
    EB2 for all countries
    1997-2006 =1652
    2007=1392
    2008=4012
    2009=10629
    2010=6397

    from all other countries except India and china in 2015= 1096(we only need to look at this as they all are current)
    so the numbers add up to
    All countries EB2 inventory upto 2010= 24122
    taking out 1096 from rest(as they are current , i assume there wont be any spill over from that category) =23026
    so the demand is 23026 for Total EB2. the visa's available is 60k.

    am i thinking wrong..??
     
  16. newsam

    newsam New Member

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  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, not at all. That is pretty accurate.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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  19. newsam

    newsam New Member

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    Thanks for the quick reponse.
     

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