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Attorney_22

New USCIS Guidance on “Same or Similar” Occupational Classifications

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This week, Murthy Law Firm attorneys will answer questions regarding the new USCIS guidance on determining whether a new job is in “the same or similar occupational classification” for AC21 purposes.         

 

 

 

Rules for Topic of the Week Threads:

 

 

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

 

 

 4. Please do not provide information which would identify any specific company, university or individual. 

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Sir, my GC application was filed by my current employer  with 'Programmer Analyst' as the role. I am still with my employer but planning to move.

 

If I take up a new job which comes under same domain (IT) but higher level in the hierarchy like Sr.Developer or Tech lead ( PM may be after 5 yrs), can I take up those jobs and file my 485 at that time while working as Sr. developer?

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Sir, my GC application was filed by my current employer  with 'Programmer Analyst' as the role. I am still with my employer but planning to move.

 

If I take up a new job which comes under same domain (IT) but higher level in the hierarchy like Sr.Developer or Tech lead ( PM may be after 5 yrs), can I take up those jobs and file my 485 at that time while working as Sr. developer?

This guidance is only helpful if you qualify for AC21, that means you must have a filed and pending I-485 for at least 180 days during which your immigrant offer was valid. It appears from your question you do not currently have an I-485 pending. Therefore, your new employer may need to start a new green card process for you. Call our office to discuss this in more detail.  

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This guidance is only helpful if you qualify for AC21, that means you must have a filed and pending I-485 for at least 180 days during which your immigrant offer was valid. It appears from your question you do not currently have an I-485 pending. Therefore, your new employer may need to start a new green card process for you. Call our office to discuss this in more detail.  

I remember one of my cousins applied 485 with a different job and got his H1, that was long time ago. So what's new in this memo?

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I remember one of my cousins applied 485 with a different job and got his H1, that was long time ago. So what's new in this memo?

I mean, got his GC not H1. So my understanding is that this rule is already existing.

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I remember one of my cousins applied 485 with a different job and got his H1, that was long time ago. So what's new in this memo?

What is new in this memo is the clarification of what we considered a "gray area" previously. Specifically, when job progression is still acceptable as substantially similar, and when it may not be. 

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Are AC21 changes still possible from a Software Engineer to a Software QA Engineer? This is in a scenario where 485 has been filed and has been pending more than 180 days.

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Are AC21 changes still possible from a Software Engineer to a Software QA Engineer? This is in a scenario where 485 has been filed and has been pending more than 180 days.

Generally, USCIS may consider these two positions similar enough to qualify for AC21. However, an analysis of all the factors will need to be done to ensure it is more likely than not the new position will qualify. 

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My Labor certification was filed as Systems Analyst. Now I changed companies and working for a different employer. I am thinking to move into Database administration and be a Database Administrato, since I have been working for long time in development roles and want to move away from development. I have not filed AC21 with the new employer. Will moving to DBA role affect my GC process, is it safe to move to DBA role since its in similar field (IT)? 

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Is it possible to summarize the clarification provided on gray area of the AC21 “Same or Similar” Occupational Classifications from this new memo ?

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Hi Attorney,

 

I've my i140 approval with my current employer as Job Title: Software Developer- Data Warehouse. If I move to a different employer and if my Job Title is Architect or Tech Lead - Data Warehouse, then will it come under same or similar occupation to file for a new PERM/i140 ?

 

Thanks,

KK

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My Labor certification was filed as Systems Analyst. Now I changed companies and working for a different employer. I am thinking to move into Database administration and be a Database Administrato, since I have been working for long time in development roles and want to move away from development. I have not filed AC21 with the new employer. Will moving to DBA role affect my GC process, is it safe to move to DBA role since its in similar field (IT)? 

It may be acceptable, but you should let your immigration attorney do an analysis of the job duties prior to proceeding. 

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Hi Attorney,

 

I've my i140 approval with my current employer as Job Title: Software Developer- Data Warehouse. If I move to a different employer and if my Job Title is Architect or Tech Lead - Data Warehouse, then will it come under same or similar occupation to file for a new PERM/i140 ?

 

Thanks,

KK

To be clear, AC21 only applies when your I-485 has remained pending and adjudicated for at least 180 days. If that is the case, the titles seem similar, but you should have your immigration attorney review the two job descriptions. 

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Is it possible to summarize the clarification provided on gray area of the AC21 “Same or Similar” Occupational Classifications from this new memo ?

We will be publishing an article shortly in the Murthy Bulletin that will hopefully give you the clarification you are seeking. You can also call our office to discuss the guidance with any of our attorneys. 

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Hello ,

I joined my current company 8 years ago as Software Engineer and they filled my GC under EB3 category. Since then i am under same role and recently got my H1 renewed based on my I-140 approval. My employer doesn't revoke I-140 even if i switch to a new company. Now i got an offer from a different company and the role there is "QA Analyst" . I have 2 queries here

 

1) Will there be any issues with H1B transfer

2) During GC processing with new company can i use priority date from previous employer and opt for porting when i am at I-140 stage though the roles are different?

 

Thanks

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