| Q. |
question regarding Job Title and responsibilities
Hi lawyers,
I have a question regarding Job Title and responsibilities when I switch to another employer after 180 days of filing I-485.
1.9089 Form
In 9089 form under section F (3) it is written as Computer Software Engineer with SOC/O*NET (OES) code 15-1031.00 and under section H (3) it is written as Programmer Analyst and job duties are under section H (11)
2.Approved 9089 certificate
In Approved 9089 certificate, occupation is written as Computer Software Engineer with code 15-1031.00
With what Job title I can switch my employer (confused between Computer Software Engineer and Programmer Analyst)
Thanks,
JD
User's Location:
Okemos, Michigan, United States of America
Category:
Employment-based Green Card
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| A. |
Dear JD,
According to the USCIS Adjudicator’s Field Manual § 20.2, under section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), the approval of a Form I-140 employment-based (EB) immigrant petition will remain valid when a foreign citizen changes jobs, if:
(1) A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
(2) The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
In your situation, I would consider positions that are the same as or similar to the occupational classification listed on the approved 9089 form (i.e. Computer Software Engineer).
Hope this helps. |
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Brian D. Zuccaro
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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