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Ac21 Scrum Master And Supplement J

Discussion in 'AC 21 I-140 Portability' started by Kaustav Sengupta, Dec 29, 2016.

  1. Kaustav Sengupta

    Kaustav Sengupta Member

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    Hi Ron,

    My I-145 is pending from 2012 and also got I-140 approved around 2012. My position was filed as Computer Programmer/Software Engineer. Now if I take job of a Scrum Master (this is similar to a Project Manager) of a software development team, will this be considered as "same or similar" job or not in AC21?

    If I join the new position on Jan 17th or later, how does the new Supplement J for I-1485 impact me?

    If it does impact, do I need to submit the supplement J proactively after taking the new position or I can wait to submit the supplement J after I have received an RFE from USCIS?
     
  2. leo1476

    leo1476 Junior Member

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    I was advised not to worry about Supplement J. When the USCIS queries about your job offer, show them an employment letter. Regarding, the new job, USICS does allow natural career progression. Some who is a programmer 5 years ago is now a manager. I don't see any problem as long you are managing software projects---the kind that you yourself would have been working on 5 years ago.
     
  3. Santy

    Santy Guru

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    With all respect to @leo1476, I would advise @Kaustav Sengupta to have a discussion with an immigration attorney. You can call Ron's office if you want. This looks easy but validate the ifs and buts.
     
  4. Kaustav Sengupta

    Kaustav Sengupta Member

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    Thanks @leo1476 for your response. But what I have heard that supplement J now replace the informal AC21 letter which applicant used to send USCIS earlier with the employment letter and will be the new rule from Jan 17th. I looked at the supplement J form which has 6 parts where first 3 parts need to be filled up the applicant and the other 3 parts by the new employer. Which makes the involvement of the new employer more directly in AC21 portability.
     
  5. Kaustav Sengupta

    Kaustav Sengupta Member

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    Thanks @Santy I'm planning to take legal advice but at the same time was checking whether others have any prior experience on this or in the same boat like me or not and if so what they are planning to do. I'm also trying to get in touch with immigration point of contact of the new prospective employer to have a detail discussion on that. Either way I'll share my move and experience because I see that AC21 success stories are not much to be found on the forums but will be of great help for others like me in future. The last thing I want to do is to let the new opportunity slip away otherwise what's the point of having EAD after all.
     
    Santy likes this.
  6. Omkar

    Omkar New Member

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    Can you pl advice if it is mandatory to file ac21 with J supplement
    My employer is not willing to fill j supplement and not sure what can be done
    But he is ready to give EVL..can i just submit that..
    Can anyone pl share their experience in dealing with this




     
  7. Kaustav Sengupta

    Kaustav Sengupta Member

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    If you have received an RFE on your pending I-485 which specifically mention about submitting Supplement J, then I think you have to submit Supplement J form. If you have not received a RFE yet then there is no need to file Supplement J form to invoke AC21 unless you receive an RFE and since you already know your employer will never give you Supplement J, then it's better to find a new employer. Please check with your personal attorney as well.
     
    leo1476 likes this.

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