AC-21 Job tile and description


toramanan

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Hi,

 

I have my EAD in EB2 and it is pending for more than 180 days. I am planning to move to a different company and trying to explore AC-21 portability options. I still maintain H1B status and it is valid till 2016. 

 

My current employer (Company A) have filed my GC under "Computer and Information Systems Manager" with the tile as "Project Manager". I got an offer from Company B  as "Principal Software Engineer". When I compared the job description, there are some planning, co-cordination, train and supervise junior staffs mentioned in the same field (software development) for both the jobs. The technologies mentioned are same in both the job description. But the wordings are not exactly the same and the title is completely different. The salary is some-what same, meaning i am getting ~5-10% more than what is specified in my Labor document.

 

Should it cause any problem during AOS stage? Each company have their own title standard,  org-structure and the job duties differ between them. My current company do not have any "Principal" or "Tech Lead" designations, people move directly from Sr. Engineer to PM's. How can we make sure the duties match before I accept the offer from Company-B.

 

Also, I have read that USCIS is lenient in job duties since the wait time is so long and people progress in the same field. But I don't know how far these things are true.

 

When i spoke with an Attorney, he mentioned, no-one can guarantee how USCIS interpret the duties when the wordings or the phrases are different. It is upon the officer who reads both and decides whether they are same or not? What are the chances and risk of USCIS denying my I485. What steps can I take now to eliminate any known risk before accepting the offer from Company-B.

 

Since my contract with the current client is ending soon, I am running of out time to make a decision. Thanks.

 

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"I have my EAD in EB2 and it is pending for more than 180 days."

 

Your EAD petition has been pending for 180 days? That's odd.

 

Regarding the job - it needs to be similar. It does not have to be the same. "Similar" is interpreted quite liberally by the USCIS. I would not recommend that you go from working in IT to teaching IT, because those are different functions, jobwise. Other than that, it all sounds Greek to the USCIS.

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