dush51 Posted September 25, 2014 Report Share Posted September 25, 2014 Hi there, I'm in a typical job change situation - A big pharma company filed my PERM in 2010 and I-485 was filed in 2012 and pending since then. I've received my EAD as well. When my GC was filed I was a Chemist supporting pharmaceutical development. In 2013 I took a rotation in a different group managing contract manufacturing activities supporting pharmaceutical development (same organization). The rotational job is to manage/oversee my company's R&D work at external vendors (outsourcing). I'm managing the same type of work I did in the past. Its just I'm not doing it personally. I really enjoy my new role. As my company is going through downsizing, I applied at another big pharma company (based on the new role). I was informed today that an offer is on the way from that company. Here are the details PD: Jan 2010 Salary as per PERM: $64000 PERM title: Sr. Associate New Title: Manager New salary expected: $110,000-$120,000 (almost double) Geo location: same (very close) Job responsibilities: Supporting the same goal but more as a manager rather than associate. My original PERM states pure technical description of my role - running the experiments in the lab, generating and presenting data, etc The new job has only one line that talks about the technical aspects (very similar to old) of the job and rest all is managerial - dealing with vendors, relationship management, etc. Since it is a great career move and the path I wanted to take, I'm very interested in this position. I'd like to use AC21 and NOT do H1B transfer. My concern is will there be any problem? I'm really confused about this "similar" role rule. I'm searching for a good lawyer right now but wanted to check with this helpful community first. Any help is much appreciated! Thanks to the experts in advance. Please share your experiences, references. Link to comment
itsmeusa Posted September 26, 2014 Report Share Posted September 26, 2014 You will not face any problem at all. One of my friends has PERM filed for QA Analyst. After EAD, he went to become QA Manager and currently he is QA Program Manager. So take this opportunity and enjoy!!! Link to comment
dush51 Posted September 28, 2014 Author Report Share Posted September 28, 2014 Thank you for your response, itsmeusa! I hope it should all be good. More experiences, responses appreciated... Link to comment
Attorney_6 Posted September 29, 2014 Report Share Posted September 29, 2014 Look to see how the first job was coded by the DOL. AC21 requires that the new job fall within the same/similar job classification. So, the starting point is to identify the classification of the first job and, then, figure out where the second job falls within the DOL classification system. If it seems that there is an arguement that the new job falls within AC21, but it is possible that the gov't may see it differently... see if the new company is willing to file a backup GC case for the new job. Link to comment
dush51 Posted September 29, 2014 Author Report Share Posted September 29, 2014 Dear Attorney_6, Thank you for your reply. I looked up the SOC code for PERM role, but could not find one that matches the new role as it is an emerging area of expertise within the pharma industry, pioneered by virtual biotechs and small companies in the last few years. Though my title says Manager, it is actually overseeing development work at contract companies. Would it be possible for you or another attorney to review both job descriptions and offer some advice? Thank you! Link to comment
Attorney_6 Posted September 29, 2014 Report Share Posted September 29, 2014 The DOL puts every job into a code of some type---the categories are very broad. We could consult about this issue. To be 100% sure of the job category, it is necessary to get the PERM. Link to comment
dush51 Posted October 4, 2014 Author Report Share Posted October 4, 2014 Thank you Attorney_6! Link to comment
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