| Q. |
AC 21
From my employer, I only have copy of my labor approval.
Labor Approval Certificate says - Occupation: Software Engineer 030062010. My I 140 is also approved in back in 2006.
I dont have copy of advertisement, I 140 approval and he has not given me any formal employment letter depicting my job responsibilities in detail.
Briefly, I only know my job code for labor certification and nothing beyond that point.
I am planning to invoke AC21.
Can I invoke AC21 with this limited information and Continue to work in similar Field(Software developement in general).
I dont have information at granular level - Job duties as identified in labor, and I 140, prevailing wage.
User's Location:
Sterling, Virginia, United States of America
Category:
Employment-based Green Card
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| A. |
You can if it is in the same or "similar occupational classification". The service looks at 1. the job description in the 9089, or the initial I-140 and the duties of the new employment;
2. Dot and or SOC code for the I-140 and new position. I think you can successfully argue that they are at least similar. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.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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| Q. |
Will the DOT and SOC Code in 140 has to be SAME as it is in 9089(In my case ETA 750A / ETA 750B as I am old filer - Feb 2004).
Reason I am asking is that I only have DOT/SOC code of 030062010 in labor certificate. I dont have any other document to support my portability case( I 140 application or 140 approval notice).
Thanks for your response. |
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| A. |
Yes, they have to be the same. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.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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