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Ac21-making The Case For Same/similar

Discussion in 'AC 21 I-140 Portability' started by Immigrant2004, Aug 27, 2015.

  1. Immigrant2004

    Immigrant2004 Junior Member

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    Ron,

    Background:
    My PD is Dec 2004, EB3-India and I filed I-485 in July 2007. I qualify under AC-21 to Port. I am no longer with the employer who filed my PR case. My I-140 listed my job duties as that of a 'Computer Programmer' basically create modify and test code. As you know, experience is valued in IT, during the 11 years in waiting, my career progressed and I am now at a higher level (Manager Title) level performing duties of plan, direct or coordinate activities in the field of computer programming. No people reporting to me in either jobs. Both jobs are the field of software development /Computer Engineering.

    Question:
    I expect my PD to be current soon. How do I go about making my case for 'Same/Similar' job duties ? From researching the internet, it seems a way to go would be get O-NET job duties and explain a natural progression of career for the differences. What should my approach be ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are working in the same or similar occupational classification, albeit in a supervisory role. I don't see a problem.
     
  3. Immigrant2004

    Immigrant2004 Junior Member

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    Hi Ron,

    Thanks for the confirmation. My confusion/questions is, how should I respond to the EVL RFE?
    1. Just the Employment Verification Letter (EVL) listing current job duties and let USCIS make the 'Same/Similar'connection/determination. -OR-
    2. Should I address both the current and previous job duties and make a case for same/similar job description in the EVL ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Follow the instructions in the RFE. They will tell you precisely what they want.
     

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