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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 03-22-2008, 01:39 AM
BharatPremi BharatPremi is offline
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Default Soc Code List - Use When Prepared For Ac21

http://www.bls.gov/oes/current/oes_stru.htm
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  #2  
Old 03-22-2008, 01:58 PM
tjayant tjayant is offline
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Default Where to find the occupation code

Can you please let me know where to find the occupation codes , is it in my LC ?? filing , not sure where i should look for this information
-Jay
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  #3  
Old 03-22-2008, 02:28 PM
shiankuraaf shiankuraaf is offline
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Default It should be Occupation field on LC Approval

Check your LC approval and it should there in the Occupation: Computer Programmer, <code>. Or if you have filed LC application than it should the value you put in Job Name field.
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  #4  
Old 03-22-2008, 02:53 PM
tjayant tjayant is offline
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Default Thanks

Another follow up question. So basically if i change my job , i need to make sure i get a letter from my new employer that I'm working in the same occupation code, these codes look too broad . Say I'm in the code for computer programmer, can i become a team lead computer programmer
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  #5  
Old 03-22-2008, 03:01 PM
h1bmajdoor h1bmajdoor is offline
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Default

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Originally Posted by tjayant View Post
Another follow up question. So basically if i change my job , i need to make sure i get a letter from my new employer that I'm working in the same occupation code, these codes look too broad . Say I'm in the code for computer programmer, can i become a team lead computer programmer

yes. the codes are concerned what what you do. as a team lead you are still a programmer.

the employer does not care about these codes. he can only give you a letter detailing your responsibilities. it is up to you and your lawyer to make sure they match the 140 description.

if you become a manager, and you job duties are managing people, then for example it could be difficult.
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  #6  
Old 03-24-2008, 01:33 AM
tjayant tjayant is offline
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Default Is this same as the LCA occupation code

I dont have a copy of my labor certification, I have the LCA occupation codes, it says 30 i dont seee a 30 in the SOC list , is there any mapping between the two or i have to request my exact code . I'm hoping it is little more broad like the 15-1031
-Jayant
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  #7  
Old 03-24-2008, 10:26 AM
spaceguy spaceguy is offline
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Default Soc Code List - Use When Prepared For Ac21

Does Codes have to be same or similar ?

I have on my LCA srats with 15 (15-1051) and says Compute Systems Analyst.

Can I take new position which starts with 15 but is (15-1031) Computer Software Engineers, Applications.

Does it have any issues ?
If job description is similar then is it OK?

thanks for any information
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  #8  
Old 03-24-2008, 12:07 PM
diptam diptam is offline
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Default Thanks BharatPremi... !

Very useful information - the Title and SOC Code exactly mapped with the 'Occupation' field in my labor application.
I believe for AC21 we need to maintain the same "Title" at least ( and similar Job duties) in the new future employment letter ( if we are sending so) but the Technologies probably could be different.

I mean a guy doing 'Java J2EE' work could be a 'Computer Systems Analyst' as and if he switches to 'Oracle ERP' Job with 'Computer Systems Analyst' title (Job code same 1051) he/she probably would ne ok.

On other hand if you are a 'CSA' in 'Java J2EE' and in your new Job offer you are called a 'CSE' (Computer Software Engineer) and you are still working in 'Java J2EE' field you might be in trouble because that's different Job Code 1031.

These things are ridiculous/weird but that's how the system is designed and we have to live with it unless rule changes. I believe this is 1 point in the "Admin Fix" request to White House.

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Originally Posted by BharatPremi View Post
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  #9  
Old 03-24-2008, 02:09 PM
BharatPremi BharatPremi is offline
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Default

Quote:
Originally Posted by spaceguy View Post
Does Codes have to be same or similar ?

I have on my LCA srats with 15 (15-1051) and says Compute Systems Analyst.

Can I take new position which starts with 15 but is (15-1031) Computer Software Engineers, Applications.

Does it have any issues ?
If job description is similar then is it OK?

thanks for any information
My lawyer tells me that if you comeup with 15-1051 based new job having GC filed under 15-1051, it would be great. If you can manage "15" then he will have to manage "long cover letter" but still manageable. But if you come up with new job other than "15" then it would be to say "do not give me green card". Please consult your lawyer before accepting the new job.
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  #10  
Old 03-24-2008, 02:35 PM
ddeka ddeka is offline
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Quote:
Originally Posted by BharatPremi View Post
My lawyer tells me that if you comeup with 15-1051 based new job having GC filed under 15-1051, it would be great. If you can manage "15" then he will have to manage "long cover letter" but still manageable. But if you come up with new job other than "15" then it would be to say "do not give me green card". Please consult your lawyer before accepting the new job.
How it will be verified with SOC code mentioned in the AC21 with the new employer (where you take a new job). If Employer issue a letter with the job description you are looking for - I guess we should be good. Any thoughts?
Some helpful information http://online.onetcenter.org/find/- give a SOC job code in the Keyword or O*NET-SOC code and see different job title associated with the code

Last edited by ddeka; 03-24-2008 at 02:42 PM.
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  #11  
Old 03-24-2008, 02:43 PM
BharatPremi BharatPremi is offline
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Default

Quote:
Originally Posted by ddeka View Post
How it will be verified with SOC code mentioned in the AC21 with the new employer (where you take a new job). If Employer issue a letter with the job description you are looking for - I guess we should be good. Any thoughts?
Some helpful information- give a SOC job code in the Keyword or O*NET-SOC code and see different job title associated with the code
Yes, you will have to take initiative to have the job offer letter the way you want for this purpose. Most companies cooperate on this. That should be your first condition for accepting the job.
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  #12  
Old 03-24-2008, 03:18 PM
katlak katlak is offline
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Default Diff SOC Codes

My Perm Labour has Title 'Computer Software Engineer - Systems Software' 15-1032

The Job Offer I have is 'Engineer - Software Applications' which I guess falls under 15-1031,

Job Descr is somewhat similar, Some of the words in Perm Labour and the new job description matches, but if someone without any backgroud looks at it, it is very difficult to say it is similar.

Is there any issue in taking up the offer?
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  #13  
Old 03-25-2008, 06:13 AM
spaceguy spaceguy is offline
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Default Where do we get occupation codes

Quote:
Originally Posted by BharatPremi View Post
Yes, you will have to take initiative to have the job offer letter the way you want for this purpose. Most companies cooperate on this. That should be your first condition for accepting the job.
I asked the company where I am taking the new offer to give me the occupation codes. The HR dept is not aware of this. Are these codes assigned by Dept of Labor when they created these posts Or we have ot derive these codes based on the job title and description from the site BhartPremi gave ?
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  #14  
Old 03-25-2008, 08:55 AM
immigrationvoice1 immigrationvoice1 is offline
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Default

The immigration department of my employer have this to say about this issue:

If a GC labor is under an IT occupation, even when you change employment, just make sure you stick to IT. You are fine in any position as long as it is in IT and the SOC code occupation begins with "15". Just make sure you do not switch your profession to something like "law enforcement" or "finance".

The above are the exact words (well, almost..) of the person I spoke to.
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  #15  
Old 03-25-2008, 09:53 AM
BharatPremi BharatPremi is offline
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Default

Quote:
Originally Posted by spaceguy View Post
I asked the company where I am taking the new offer to give me the occupation codes. The HR dept is not aware of this. Are these codes assigned by Dept of Labor when they created these posts Or we have ot derive these codes based on the job title and description from the site BhartPremi gave ?
Employers would not understand "Codes". What you need to do is as follow:

1) See your SOC/O*NET code - You can see it on your labor approval and
on your I-140 application form which was filled by your sponsor.
2) Go the web site which I have given here and find the job description
3) Cut and Paste the same and save somewhere on your desktop
4) Send the content to your New company HR and tell them to cut and paste
the same in your job offer letter. On top of this content whatever new
employer wants to write in job offer letter let them write that. Try to have
the same "Title" and new "Salary" on the same letter. If title and salary do
not match exactly it would be fine as long as your job description matches.
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