NOID on I-485


skymoon

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I need help. I got "Notice of intent to denial 485" on my I-485 today, I was asked to submit a letter of employment and new job description even though I submitted them as part of AC21 process.

Do I need to submit any supporting documentation/letter along with employment letter and job description to show that both the jobs are related and in the same field? I am worrying about the job descriptions and titles, they might cause issues. The old and new job titles and descriptions are different.

How to convince the immigration officer that the jobs are related and in the same field? Do they consider that both Programmer Analyst and Architect come under same classification?

Any advice would be appreciated. I talked to my lawyer and he is saying no worries and he says as long as the new job is in the IS field, that’s fine…..

My new employer is a big company and they don’t change either title or description. Can someone suggest me how to proceed?

This is my situation:

My Priority date : Aug 15 2006,

Job role : Programmer Analyst (Contracting position)

EAD/AP Approval : Feb/March 2007

New Employer (Full time position) – Nov 15, 2010

Job role - Strategy Architect (same IT field but next position to Programmer Analyst)

2011 Feb - Old Employer revoked 140

2011 May – Filed AC21 with new Job description , same IT field but job title is "Strategy Architect"

2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.

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You should 1) follow the NOID instructions precisely 2) prepare all the documents and 3) get a paid consultation with a good attorney to check your response. If you have filed AC21, you pretty much need to refile now. The job description is needed, but all you need to do is to state that your job is similar to the old one. I know this is nervewracking, but you will be fine.

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