Audit senior manager to Audit Director

[searsforu]

Can I change the job under AC21 rule if my new job designation Is "Audit senior director" while the I 140 job designation is "Audit senior manager"?

 

1. Description of job duties as "audit senior director" are very similar but may be little more than description of job duties as audit senior manager per the I-140 application letter. Also, the nature of the work is similar (financial statement audits) in both the jobs, as I am going from big 4 firm to mid sized firm where the director does what the big4 sr. manager does.  

 

2. I think both these jobs are under same DOT classification "13-2011-02 Auditors".  

 

3. The wage of the audit director is 50%-60% more than my current wage. I think USCIS has clarified in a letter that variation in wages can only be a factor to determine if both the jobs are under same or similar classification and not for outright denial of AC21 rule.

 

Please advise.

[Attorney_15]

AC21 Green Card portability looks at the job duties of the new job as compared to the duties of the position offered on the I-140. While USCIS asks for the job title in the letter sent to them, the actual focus of the question of whether the new job qualifies a person for portability focuses in on the actual duties. If the actual duties are comparable to the duties of the originally offered position, then that new job generally works for AC21 Green Card portability.