Supplement J - AC21 - SOC Code


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I-140 is approved over 10 years using SOC Code: 15-1031 (at current for this SOC Code is 15-1132) as Programmer Analyst. This I-140 was filed by previous employer X. At current working as Technical Architect with Company Y. The Company Y immigration attorney is filled up Supplement J with new SOC Code: 15-1121 based on I-140 portability benefits under 106(c) of AC-21 by showing approved I-140 notification that was filed by Company X.

 I would like to know, Is it OK to file Supplement J using SOC Code 15-1121 instead of SOC Code 15-1132. Please suggest/advice.

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I am in the same boat. I moved from a PM position to Architecture position. I have asked my Attorney and waiting for an answer.

A manager is a supervisor position and Architecture is an individual contributor position, so not sure whether USCIS treats this favorably.  Unfortunately, there is no clearcut answer. It is up to the officer's discretion to decide whether the job roles are indeed the same. With the current political situation, I am super worried as well.....

I found a document in USCIS that says 

"If You Change Jobs or Get Promoted  If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether the original and the new positions are in the same or a similar occupational classifications. Further, if you move into a managerial or supervisory role and establish that the new position involves managing the same or similar occupational classifications as your original position, USCIS may treat such evidence favorably. "

 

Full document is here : https://www.uscis.gov/working-united-states/how-uscis-determines-same-or-similar-occupational-classifications-job-portability-under-ac21

If this forum truncates the link, just google "How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21"

Edited by toramanan
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