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Pundit Arjun
09-21-2012, 07:19 AM
Hi Friends,

I am on EAD now and am planning to switch job from Technical to Leadership role.
In the process also will be switching jobs from the sponsoring employer to a new one.
I have been performing the technical role (the same job desc as in my immigration petition) for more than 3 years now and contemplating the move due to stagnant growth.

Please let me know the risks(w.r.to current GC processing) that I will be taking in making this move and the ways to mitigate it.

Yes, I will be getting my attorney's opinion but usually they dont give out all the options. Hence I will get your ideas/suggestions and then approach my Attorney.

Thanks in advance.

qesehmk
09-21-2012, 07:55 AM
Pundit

Technically you should be carrying the same job classification code or similar one. But an attorney will be relunctant to tell you clearly if a job change is safe or not.

Just consider this - if you were technical manager and now you are taking your boss's position on a peer of your boss .... that should be absolutely fine - even if the position is with different employer or division of your company.

I know that is still not definitive .... but hope it helps somewhat.


Hi Friends,

I am on EAD now and am planning to switch job from Technical to Leadership role.
In the process also will be switching jobs from the sponsoring employer to a new one.
I have been performing the technical role (the same job desc as in my immigration petition) for more than 3 years now and contemplating the move due to stagnant growth.

Please let me know the risks(w.r.to current GC processing) that I will be taking in making this move and the ways to mitigate it.

Yes, I will be getting my attorney's opinion but usually they dont give out all the options. Hence I will get your ideas/suggestions and then approach my Attorney.

Thanks in advance.

makmohan
09-21-2012, 11:49 AM
Pundit

Technically you should be carrying the same job classification code or similar one. But an attorney will be relunctant to tell you clearly if a job change is safe or not.

Just consider this - if you were technical manager and now you are taking your boss's position on a peer of your boss .... that should be absolutely fine - even if the position is with different employer or division of your company.

I know that is still not definitive .... but hope it helps somewhat.


Hi Q,

I had a similar question posted on another thread but deleted it due to lack of hits (most debate these days is on bills which we all know won't pass this election year).

My current job responsibilities are Software Design and Development (15-1031.00: Software Engineer) and the new job is more like a Business Analyst (15-1121.00). There is some software development but not explicitly mentioned in job description. New job is more about business interactions, managing solution delivery and SDLC.

Can we apply the same argument you've made in this reply for this AC21 situation?

There are many discussions about AC21 on this and other forums but very few actual success stories posted.

FYI - I'm planning to ask a reputed attorney in coming days, and will post their response for the benefit of the community when I hear from them.

Thanks,
Makmohan

qesehmk
09-21-2012, 12:43 PM
makmohan - ideally if you were to become an IT manager and then director in the same product team - that would be best. I am quite sure that's ok since it happened w me. Bus Analyst to Manager to Director. All within same role.

However the particular example you gave IMHO also qualifies for AC21 since the general area is still the same - we are only talking about requirements gathering vs coding. IMHO it should work. But if you are seriously in doubt better to talk to lawyer.
Hi Q,

I had a similar question posted on another thread but deleted it due to lack of hits (most debate these days is on bills which we all know won't pass this election year).

My current job responsibilities are Software Design and Development (15-1031.00: Software Engineer) and the new job is more like a Business Analyst (15-1121.00). There is some software development but not explicitly mentioned in job description. New job is more about business interactions, managing solution delivery and SDLC.

Can we apply the same argument you've made in this reply for this AC21 situation?

There are many discussions about AC21 on this and other forums but very few actual success stories posted.

FYI - I'm planning to ask a reputed attorney in coming days, and will post their response for the benefit of the community when I hear from them.

Thanks,
Makmohan