c*****2
发帖数: 2709 | 1 same or similar occupational classification是指哪一级的classification。
比如说
13-0000 Business and Financial Operations Occupations 这个大类下一级是
13-1000 Business Operations Specialists，所列的再下一级类别是
13-1010 Agents and Business Managers of Artists, Performers, and
Athletes，具体是
13-1011 Agents and Business Managers of Artists, Performers, and
Athletes
和1310并列一级是
13-1020 Buyers and Purchasing Agents，下面具体是
13-1021 Buyers and Purchasing Agents, Farm Products
13-1022 Wholesale and Retail Buyers, Except Farm Products
13-1023 Purchasing Agents, Except Wholesale, Retail, and Farm
Products
和13-1010,13-1020并列一级是
13-1030 Claims Adjusters, Appraisers, Examiners, and Investigators
13-1031 Claims Adjusters, Examiners, and Investigators
13-1032 Insurance Appraisers, Auto Damage
13-1022的和13-1023算不算similar occupational classification？13-1022和13-
1032算不算similar occupational classification？ | s********c
发帖数: 4152 | | m*******t
发帖数: 1359 | 3 我的律师建议要same
【在 c*****2 的大作中提到】
: same or similar occupational classification是指哪一级的classification。
: 比如说
: 13-0000 Business and Financial Operations Occupations 这个大类下一级是
: 13-1000 Business Operations Specialists，所列的再下一级类别是
: 13-1010 Agents and Business Managers of Artists, Performers, and
: Athletes，具体是
: 13-1011 Agents and Business Managers of Artists, Performers, and
: Athletes
: 和1310并列一级是
: 13-1020 Buyers and Purchasing Agents，下面具体是
| c*****2
发帖数: 2709 | 4 就是说13-1022只能做13-1022的工作。这个回答很安全啊，但是是怎么解释“similar
occupational classification”？
【在 m*******t 的大作中提到】
: 我的律师建议要same
| s********c
发帖数: 4152 | 5 具体看你的perm job description 和你学过的课程。business 我不懂，但是比如IT你
学过编程，学过网络管理，学过数据库，这些活都可以干。 | c*****2
发帖数: 2709 | 6 过了180天pending，如果还有RFE，请问USCIS还会去问老雇主么？老雇主不配合，或者
故意压着不告诉beneficiary有RFE怎么办？
【在 s********c 的大作中提到】
: 具体看你的perm job description 和你学过的课程。business 我不懂，但是比如IT你
: 学过编程，学过网络管理，学过数据库，这些活都可以干。
| f**u
发帖数: 2769 | 7 那就没办法了。
【在 c*****2 的大作中提到】
: 过了180天pending，如果还有RFE，请问USCIS还会去问老雇主么？老雇主不配合，或者
: 故意压着不告诉beneficiary有RFE怎么办？
| x***h
发帖数: 580 | 8 你是说140的RFE还是485的RFE？我的理解，如果是140的RFE确实不好办，只能看老雇主
心情了，但是如果是485的RFE应该没关系吧，毕竟485pending180天换工作本来就是允
许的啊。等专家答疑
【在 c*****2 的大作中提到】
: 过了180天pending，如果还有RFE，请问USCIS还会去问老雇主么？老雇主不配合，或者
: 故意压着不告诉beneficiary有RFE怎么办？
| c*****2
发帖数: 2709 | 9 我觉得也是，允许换工作，还要180天之后需要老雇主点头配合？
【在 x***h 的大作中提到】
: 你是说140的RFE还是485的RFE？我的理解，如果是140的RFE确实不好办，只能看老雇主
: 心情了，但是如果是485的RFE应该没关系吧，毕竟485pending180天换工作本来就是允
: 许的啊。等专家答疑
| c*****2
发帖数: 2709 | 10 我是说485的REF。假设140已经批了。
【在 x***h 的大作中提到】
: 你是说140的RFE还是485的RFE？我的理解，如果是140的RFE确实不好办，只能看老雇主
: 心情了，但是如果是485的RFE应该没关系吧，毕竟485pending180天换工作本来就是允
: 许的啊。等专家答疑
| y******0
发帖数: 8807 | 11 工作形似或者相同USCIS的memo如下，写的很清楚：
Questions about Same or Similar Occupational Classifications Under the
American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
Introduction
Section 106(c) of AC21, commonly known as the job flexibility provision, was
enacted as Immigration and Nationality Act (INA) section 204(j). This
portion of the INA is provided below for convenience:
A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an
individual whose application for adjustment of status pursuant to section
245 has been filed and remained unadjudicated for 180 days or more shall
remain valid with respect to a new job if the individual changes jobs or
employers if the new job is in the same or a similar occupational
classification as the job for which the petition was filed.
This section of law allows certain aliens to change or port the offer of
employment on which their adjustment of status application is based from one
job to another job as long as both jobs are in the same or similar
occupational classification. Within these questions and answers, the term
“port” or “porting” means to change the offer of employment from one job
to another job in a way that allows an applicant to remain eligible to
adjust status without having to file a new I-140 immigrant petition. For an
alien to change the offer of employment, his or her adjustment of status
application, Form I-485, must have been pending with USCIS for 180 days or
more.
Questions and Answers
Q1. What is an “occupational classification”?
A1. The Department of Labor (DOL) uses the Standard Occupational
Classification (SOC) system to group and classify jobs and occupations. The
purpose of the SOC system is to classify workers into occupational
categories to organize occupational data. The SOC system covers all
occupations where work is performed for pay or for profit. Occupations are
categorized based on the type of work performed. Additionally, certain
occupations are also classified based on the skills, education and training
required to perform the job.
The SOC system is organized using codes, which generally consist of six
numerical digits. For example, the SOC code for a stonemason is 47-2022.
[47]-2022: The first two digits, “47” represent the major group, which
includes all construction and extraction occupations.
47-[2]022: The third digit, “2” represents the minor group, which includes
all construction trade workers.
47-2[02]2: The forth and fifth digits, “02” represent the broad occupation
, which includes brickmasons, blockmasons, and stonemasons.
47-202[2]: The sixth digit, “2” represents the detailed occupation, which
only includes stonemasons.
47-0000 Construction and Extraction Occupations
47-2000 Construction Trades Workers
47-2020 Brickmasons, Blockmasons, and Stonemasons
47-2022 Stonemasons
No occupation will be assigned to more than one category at the lowest level
of the classification (sixth digit). A USCIS memo titled, Interim Guidance
for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-
485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (December 27,
2005 AC21 Memo) instructed USCIS officers to consider the Dictionary of
Occupational Titles (DOT) code as part of the same or similar occupational
classification analysis. The DOT has been replaced by the Occupational
Information Network (O*NET) under the sponsorship of DOL’s Employment and
Training Administration (ETA). The O*NET system relies upon the SOC codes.
Q2. How does USCIS determine what qualifies as a same or similar
occupational classification?
A2. USCIS generally makes a determination as to whether one job is in the “
same or similar” occupational classification as another by referring to the
DOL’s SOC system. USCIS officers also consider multiple factors to
conclude if two jobs are considered to be in similar occupational
classifications for porting purposes (see above question for definition of
“porting”). USCIS officers may compare factors including, but not limited
to:
The job duties of both positions
The SOC code from the Immigrant Petition for Alien Worker (Form I-140) and
the appropriate SOC code for the new position
The wages associated with each position
USCIS officers will view the totality of the circumstances to determine if
the two jobs are the same or similar for porting purposes.
Q3. Does USCIS only use the first two or the first three numbers of the SOC
code to determine if two occupational classifications are same or similar?
A3. As noted above, USCIS does not use a simple numerical comparison of SOC
codes to determine if two jobs are the same or similar. USCIS aims to
determine in all cases whether a new position is in the same or similar
occupational classification as the original job offer.
When referring to the SOC system, USCIS will analyze the SOC codes of the
two jobs it is comparing. However, there is no hard and fast rule for
matching any particular order of digits in two SOC codes.
In the example in Q.1, the “47” encompasses all construction and
extraction occupations, which is a broad category and would not determine
whether two jobs are similar. In this particular example, even matching
additional digits of the SOC codes may not show whether or not two jobs are
similar.
For example, the SOC code for a stonemason is 47-2022. The job description
for a stonemason is:
Build stone structures, such as piers, walls, and abutments. Lay walks,
curbstones, or special types of masonry for vats, tanks, and floors.
The SOC code for a boilermaker is 47-2010, which contains the same first
four numbers of the stonemason’s SOC code (47-20). However, the job
description for a boilermaker is significantly different from that of
stonemason:
Construct, assemble, maintain, and repair stationary steam boilers and
boiler house auxiliaries. Align structures or plate sections to assemble
boiler frame tanks or vats, following blueprints. Work involves use of hand
and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Assist
in testing assembled vessels. Direct cleaning of boilers and boiler
furnaces. Inspect and repair boiler fittings, such as safety valves,
regulators, automatic-control mechanisms, water columns, and auxiliary
machines.
Q4. The December 27, 2005 AC21 Memo states that a discrepancy between the
wages of two jobs may be used to decide if the two positions are the same or
similar, but the memo also states that a difference in the wages of the two
jobs cannot be used as the sole basis for denial in adjustment of status
portability cases. Can USCIS provide further explanation on how wages are
used to determine whether two jobs are in the same or similar occupational
classification?
A4. Section I, Question 3 from the December 27, 2005 AC21 Memo provides
USCIS officers with the flexibility to consider a “substantial discrepancy
” in the wages offered in two positions to assist them in deciding if the
two jobs are in the same or a similar occupational classification. A “
substantial discrepancy” in the wages of the two jobs may be a contributing
factor in a denial when the evidence is considered in its totality. However
, a USCIS officer should not deny a case solely because a second position
pays more or less than the original.
Section 1, Question 5 from the December 27, 2005 AC21 Memo references a “
difference” in the wages to inform both USCIS officers and the public that
a difference in wages should not be used as the sole basis for a denial.
This means there can be an allowance for normal raises that occur through
the passage of time to account for inflation and other factors such as
higher rates of pay in different metropolitan locations.
Q5. Can I accept a different position or receive a promotion from my
employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job
duties for each position, the SOC codes for each position, and any
differences in the wages will be the determining factors as to whether you
remain eligible. Regardless of whether the new job is considered a demotion
, a lateral move or a promotion within the company for which the beneficiary
is employed, the job duties must be sufficiently similar. USCIS officers
will view the totality of the circumstances in light of the congressional
intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to
facilitate job mobility within the same or similar occupational
classification for qualifying aliens with long-pending adjustment
applications. | y******0
发帖数: 8807 | 12 过了180天之后，受到AC21的保护，你想怎样就怎样，原雇主跟你无关了，只要在
adjucation的时候有similar or same job offer 或者 self-employment的 similar
or same job offer即可
【在 c*****2 的大作中提到】
: 我是说485的REF。假设140已经批了。
| b**********r
发帖数: 265 | 13 受ac21保护，是一定要用ead吗？可不可用H1B transfer?
【在 y******0 的大作中提到】
: 过了180天之后，受到AC21的保护，你想怎样就怎样，原雇主跟你无关了，只要在
: adjucation的时候有similar or same job offer 或者 self-employment的 similar
: or same job offer即可
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