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Any concerns accepting promotion when qualified for AC21?

Discussion in 'General HR issues' started by smdit, Apr 25, 2011.

  1. smdit

    smdit Member

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    Hi Ron,

    (post moved from another thread)

    I have been offered a promotion from Software Engineer to Engineering Manager and I qualify for AC21 portability. Based on what I have read on other threads I believe my situation is OK since this is a so-called "vertical" move and hence it falls under the "same or similar" classification required by AC21. Is that a fairly accurate summary?

    One other angle: Do you see any downside to accurately stating my position on career networking sites like LinkedIn? There has been talk of USCIS using such sites to cross-check information on visa applications. Even though I'm abiding by the rules, I'm mildly concerned some over-zealous immigration officer could use this as an excuse to trigger an RFE or other such headache.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Any concerns accepting promotion when qualified for AC21?

    Personally, I think that you are completely safe in accepting a vertical move. Even though the job duties are different, perhaps even substantially so, you are remaining in the exact same occupational classification. Also, I don't see any issues with putting the new position on LinkedIn. You are going to remain in the same occupational classification, so the fact that maybe you have moved from entry level to top dog in the company (in your field) won't matter.
     
  3. smdit

    smdit Member

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    Re: Any concerns accepting promotion when qualified for AC21?

    Ron, much appreciated, thank you.
     
  4. ksur

    ksur Junior Member

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    Re: Any concerns accepting promotion when qualified for AC21?

    Ron,

    Does vertical move to similar occupation apply only to within company promotions or is it valid (as far as AC21 is concerned) to leave an engineering position (for which one has 485 pending for >6 months) and take on an engineering manager position with another company (similar role/industry)?

    thanks.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Any concerns accepting promotion when qualified for AC21?

    In my opinion, the employer doesn't matter. The focus is solely on whether the job is in the same or similar occupational classification.
     
  6. ksur

    ksur Junior Member

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    Re: Any concerns accepting promotion when qualified for AC21?

    thanks Ron.
     
  7. simplyanks

    simplyanks Junior Member

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    Ksur,
    Did you file for AC-21 successfully? I am in a similar boat right now where I have a pending I-485 for over a year now and have an offer to join an association as a Manager, Enterprise Systems and Lead Applications Architect (the company rules do not allow a title without the word manager). My I-140 is based on SOC code 15-1031 (Client Services Software Engineer) and my PD is July-2009. The job description is on the same lines but more elaborate (almost 3 pages) and the salary is almost double than what was stated in the I-140. I am debating if it makes sense to let this awesome opportunity go and continue with my current job and keep looking for something where the title can be more generic.

    Ron, any reply would be really appreciated!
     

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