AC21 Requirements

[fountainhead]

I am posting this here for more visibility - please feel free to move it to the appropriate forum.

My AOS has been pending for more than 180 days and I have an EAD too. I would like to change employers at this point, but am not 100% sure what my job requirements were in the I-140 (MS+2, BS+4 etc etc). Also, how can I confirm that the new job is same/similar to the current one - just by matching the job description on my I140 resume with the new job description?

Can you tell me what I should look for in the new job (title, description, job requirement etc), to ensure a smooth transition without affecting my pending AOS?

Thank you all!

[Pedro Gonzales]

I am posting this here for more visibility - please feel free to move it to the appropriate forum.

My AOS has been pending for more than 180 days and I have an EAD too. I would like to change employers at this point, but am not 100% sure what my job requirements were in the I-140 (MS+2, BS+4 etc etc). Also, how can I confirm that the new job is same/similar to the current one - just by matching the job description on my I140 resume with the new job description?

Can you tell me what I should look for in the new job (title, description, job requirement etc), to ensure a smooth transition without affecting my pending AOS?

Thank you all!

As Ayn Rand would have appreciated, that is not strictly regulated and widely left to your interpretation. If you believe the job is 'similar' go for it, if you believe it is different, do not. One consideration that is to the petitioner's benefit is that career progress is a generally accepted concept, so do take that into account too.

Just be sure to do the following:
a) Have your arguments on job similarity enumerated somewhere (in an email to your attorney, perhaps?), in case you need to defend it (in the event of an RFE asking for an EVL, followed by an RFE asking for justification on similarity; or at the time of renewal of GC or application for citizenship 5 years later), and
b) Make sure your employer is willing to give you an EVL (I would ask for an EVL even before you begin, tell them it's for 'immigration purposes'; that way you establish a precedent that they're willing to give it to you, and you've set up a template, and you've made them evaluate their immigration stance)

[fountainhead]

As Ayn Rand would have appreciated, that is not strictly regulated and widely left to your interpretation. If you believe the job is 'similar' go for it, if you believe it is different, do not. One consideration that is to the petitioner's benefit is that career progress is a generally accepted concept, so do take that into account too.

Just be sure to do the following:
a) Have your arguments on job similarity enumerated somewhere (in an email to your attorney, perhaps?), in case you need to defend it (in the event of an RFE asking for an EVL, followed by an RFE asking for justification on similarity; or at the time of renewal of GC or application for citizenship 5 years later), and
b) Make sure your employer is willing to give you an EVL (I would ask for an EVL even before you begin, tell them it's for 'immigration purposes'; that way you establish a precedent that they're willing to give it to you, and you've set up a template, and you've made them evaluate their immigration stance)

Thank you Q for moving it here!

Thank you Pedro for your reply. I will definitely be asking about the EVL letter at the time of accepting the offer.

I was not clear in my earlier post, but this is what concerns me: For EB2 classification, my understanding was the job should have a minimum requirement of Masters degree (which I have), to be on the safe side. The job postings on websites don't mention those details and some jobs could have a requirement of Masters+2 yrs exp. and others could have Bachelors+5 yrs exp. etc - if USCIS were to send me a RFE for EVL, would they be looking into these things, or am I over-thinking this?

[Pedro Gonzales]

Thank you Q for moving it here!

Thank you Pedro for your reply. I will definitely be asking about the EVL letter at the time of accepting the offer.

I was not clear in my earlier post, but this is what concerns me: For EB2 classification, my understanding was the job should have a minimum requirement of Masters degree (which I have), to be on the safe side. The job postings on websites don't mention those details and some jobs could have a requirement of Masters+2 yrs exp. and others could have Bachelors+5 yrs exp. etc - if USCIS were to send me a RFE for EVL, would they be looking into these things, or am I over-thinking this?

Unless a lawyer or Kanmani tell you differently, I believe the MS is irrelevant at this stage. The MS requirement has been tested and met previously. I don't believe it is relevant in the event of an RFE going forward after you institute an AC21 change. I would argue that the position requires skills that are 'typically' met through an MS education, even if the MS itself was not a requirement.