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Same-similar Existing Rules

Discussion in 'AC 21 I-140 Portability' started by eb2niw, Jun 23, 2015.

  1. eb2niw

    eb2niw Junior Member

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    Ron:

    Is the same-similar (job responsibilities) definition more constrained for NIW job changes compared to AC21? In other words, if I switch jobs in the same field requiring similar engineering work that requires same specialized qualification, but which is not exactly the same as my previous job, which one of the two is more constraining in your experience?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS has never spoken to this issue. My own feeling is that you would have to show that the work in the new job still impacts the nation as a whole and has intrinsic merit. In other words, you have to show two of the three elements of proof for an initial NIW.
     
  3. eb2niw

    eb2niw Junior Member

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    My i140 petition for NIW has already been approved. Since NIW is employer independent, my understanding is that once I change jobs, all I need to provide USCIS is my new list of roles/responsibilities and let them know this is similar to what I was doing earlier. Would this be sufficient, in your opinion?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    To a very large extent, yes. I've seen a couple of cases, however, where someone went from cutting edge research into normal production and they had a problem with that.
     
  5. eb2niw

    eb2niw Junior Member

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    Thanks.
    The NIW petition was approved based on my skillsets (non-R&D) that was required at work - I am a petroleum engineer working in oil&gas. I will be using the same skill sets if I switch jobs. Hope the non-R&D factor isn't going to cause issues.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should be OK.
     

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