Substituted labor and AC21


Nive

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Posted

Hello,
My green card application was filed using a substituted labor back in 2007. This labor was not used to file 140 for the original beneficiary, as he resigned. Instead it was used for me. This fact has been attested by the attorney in the cover letter to USCIS. The 140 filed on my behalf using this substituted labor was approved in 2008 and 485 was also filed in 2008. Note: The 140 was filed before the labor substitution rule was eliminated.
Now, I intend to change my employer using AC21. I will be using EAD to work with the new employer with identical job description.
My questions are:
1.If I file AC21, will it causes issues since the labor was substituted?
2.Will it lead to any other complications?
3. In the Substituted labor document the position mentioned is Computer Systems Analyst - 15.1051.00. However, in the 140 application, the position mentioned is Programmer/Analyst - 15.1021. However the job description are the same in labor and 140. 140 was approved. 
Now looking at ONet for 15.1051, Programmer/Analyst is among the sample of reported job titles. 
For AC21, I believe USCIS will look at the job description which is almost same in old and new job. But when it comes to job title, will it cause any issues as the new job title will either Business Analyst or Business Systems Analyst and the title mentioned in 140 is Programmer/Analyst?

 

Thank you!! 

 

Posted

Substitute labor does not really represent any additional difficulty in your case. The AC21 qualifying job should be similar to the LC job your case was filed on.

Posted

Belle,

Thank you for answering my questions. My other question was that in the substituted labor document the position mentioned is Computer Systems Analyst - 15.1051.00. However, in the 140 application, the position mentioned is Programmer/Analyst - 15.1021. However the job description are the same in labor and 140 and 140 was approved. 

Now looking at ONet for 15.1051, Programmer/Analyst is among the sample of reported job titles. 
For AC21, I believe USCIS will look at the job description which is almost same in old and my potential new job. But when it comes to job title, will it cause any issues as the new job title will either Business Analyst or Business Systems Analyst and the title mentioned in 140 is Programmer/Analyst?

 

Posted

Since your I-485 was accepted, there were no issues. In my opinion, this question is pretty much closed. Your new job should be similar to that original job description, and the definition is pretty fluid. I would suggest you get a consultation with a lawyer, if only to calm your nerves.

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