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Understanding Soc Code "related Occupations" Meaning

Discussion in 'AC 21 I-140 Portability' started by yubeie, Apr 22, 2016.

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  1. yubeie

    yubeie Member

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    Ron and members,

    I've started this thread to understand what "related occupations" mean in the context of AC21 Same or Similar rule.

    As an example, beneficiary is working for a Network Monitoring/Planning software company. He uses both software as well computer networking related skills on the job. Given that he primarily works on the software related to the company, let's say the SOC used is 15-1132.

    Looking up related occupations online, the following SOC codes are listed.

    http://www.onetonline.org/link/summary/15-1132.00?redir=15-1031.00

    5-1121.00 Computer Systems Analysts
    15-1122.00 Information Security Analysts
    15-1131.00 Computer Programmers
    15-1133.00 Software Developers, Systems Software
    15-1134.00 Web Developers
    15-1141.00 Database Administrators
    15-1142.00 Network and Computer Systems Administrators
    15-1143.00 Computer Network Architects
    15-1199.01 Software Quality Assurance Engineers and Testers
    15-1199.02 Computer Systems Engineers/Architects

    Let's say the beneficiary accepts a new job using EAD (under AC21 rule as network engineer (which still matches his skillset but responsibilities are "slightly" different), the SOC code for network engineer could be 15-1142 (or) 15-1143.

    Now, when USCIS adjudicates the pending I-485 and evaluates "same or similar" occupations:

    1. Is the beneficiary safe because original SOC 15-1132 and new SOC 15-1142/43 are related?
    2. In addition to the SOC, does the 50% responsibilities similarity also come into play?

    Basically, is it just sufficient for the SOC codes to be related? (or) is it a combination of 1 AND 2?
    Of course this is upto USCIS's discretion as I understand, but I would like to know how much of leeway does one have in this case.


    Thanks!
     
  2. SekharKasi

    SekharKasi New Member

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    Hi there,

    I am into the same situation too.. my I-140 states "Programmer analyst" which I think 15-1131 or 15-1132 .. but now with my new employer my current duties tied to 15-1199 .. could you help
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The proposed analysis was the most controversial part of the new proposed regs. Many of us argued that only the first four digits ("15-11") should be looked at.
     
  4. yubeie

    yubeie Member

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    I understand Ron. But with the current rules, what do you feel with respect to my post. Is it okay if the SOC codes are just related?

    5-1121.00 Computer Systems Analysts
    15-1122.00 Information Security Analysts
    15-1131.00 Computer Programmers
    15-1133.00 Software Developers, Systems Software
    15-1134.00 Web Developers
    15-1141.00 Database Administrators
    15-1142.00 Network and Computer Systems Administrators
    15-1143.00 Computer Network Architects
    15-1199.01 Software Quality Assurance Engineers and Testers
    15-1199.02 Computer Systems Engineers/Architects

    Specifically, would you be able respond to:

    1. Is the beneficiary safe because original SOC 15-1132 and new SOC 15-1142/43 are related?
    2. In addition to the SOC, does the 50% responsibilities similarity also come into play?

    Thanks,
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Under the current rules, you are OK.
     
  6. yubeie

    yubeie Member

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    Thank you so much!! That's the clarification I needed...appreciate it.
     
  7. pradoreddy

    pradoreddy Member

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    Hello Ron, There is no guidance on AC21 Portability anywhere on USCIS stating if they would look at first four digits of SOC code to classify as same or similar.

    My labor for EB2 was filed using SOC Code 15-1132-Software Developers, Application.

    Now if i invoke AC21 with new employer using SOC Code 15-1199.02 - Computer System Engineers/Architects. Will it be considered as same/similar occupation? or should even the 5th and 6th digits match. Can you please shed some light on this?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In my opinion, that qualifies as "same or similar." The USCIS is about to come out with new guidance on this subject.
     
  9. chanram80

    chanram80 New Member

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    Hi Ron, based on the USCIS guidance , can i avail the AC21 with my new job offer in place?

    My labor for EB2 was filed using SOC Code 15-1132-Software Developers, Application.

    Now if i invoke AC21 with new employer using SOC Code 15-1199.02 - Computer System Engineers/Architects. Will it be considered as same/similar occupation? or should even the 5th and 6th digits match. Can you please shed some light on this?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My gut feeling is that you are OK. You need to emphasize the similar aspects of the two positions, however.
     
    Greeeeencard likes this.
  11. mrc10

    mrc10 Junior Member

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    thank you so much Ron
     

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