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Andrew M. Wilson, Immigration Lawyer
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Andrew M. Wilson
Immigration Lawyer
(716) 854-7525
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Law Firm: Serotte Reich Wilson, LLP
Location: Buffalo, NY 14202
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.srwlawyers.com
Posted by Baires on 09 Jul 2008
Q.

Same or similar

I am intending to change jobs, currently under Adjustment of Status (AOS). In this connection I have the following question: If the Labor Certification was approved with SOC 13-2011.00, would a related occupation under SOC 11-3031.01 be considered same or similar job?
Thanks.

User's Location: Dayton, Ohio, United States of America
Category: Employment-based Green Card
Posted by Andrew M. Wilson on 09 Jul 2008
A. It looks like you believe your green card position falls under Accountants/Auditors and a new position with a new employer would fall under Treasurers/Controllers.

Without knowing the specific duties of each position, one could generally say that there is a high probability that those two occupations would be deemed to be the same or similar. It may be that the new position is a normal escalation through your profession but that the fundamental duties and reposnibilities are certianly the same or very similar to what was listed on your green card paperwork.

There is no black and white test for what qualifies as the same or similar occupation. The more connections between the two positions the stronger your case. I would believe, however, that two positions that fall uncder those related SOC codes would be seen as the same or similar.

Regards,

Andrew M. Wilson, Esq.
awilson@srwlawyers.com
 

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

Posted by Baires on 09 Jul 2008
Q. Thank you for your prompt response !!!
 
Posted by Andrew M. Wilson on 09 Jul 2008
A. Sure thing. Good luck with your I-485 portability matter.

Let me know if you need anything.

Regards,

Andrew M. Wilson, Esq.
awilson@srwlawyers.com
 

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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