Dear 863211,
My current situation is as follows:
My I-140 has been approved in 2006. I filed I-485 on July 2007. I had fingerprint on July 2009. Now I plan to start working with a new employer who will sponsor my H-1B. My new job is the “same or similar” job. My H-1B with my current employer will expire on May 2010.
I know that Filling an AC21 letter is not mandatory. However, the USCIS guidance on the issue says that it is "expected" that a letter will be sent to USCIS. Some people believe that not sending an AC21 letter to USCIS is a better option than sending an AC21 letter. My attorney suggests sending an AC21 letter and will charge me $950.
Below you will attach:
1) The job title and job duties I used for my PERM and I-140 application:
Job title: Software Developer
Job Duties:
"Design, develop and maintain the web-based Reverse eAuction procurement
system and other database driven web applications using Java, J2EE, Servlets, JSP, EJB, JDBC, XML, Web Services, JavaScript, HTML/DHTML, Oracle, SQL, Design Patterns, UML, Ant and WebLogic on Windows/UNIX platforms. Participate in all phases of the software development life cycle and perform requirements analysis, application design, software coding, testing, debugging, deployment and production support of software systems."
2) The job title and job description with my new employer:
Job title: Senior Software Engineer
Job Duties:
"Design, develop, enhance and maintain multiple database driven web
applications for our online procurement services. Perform full lifecycle
software development tasks including: analyze application requirements;
develop software design solutions; code, deploy, test and debug software
components in a development environment; create technical documentation;
and maintain and support production environments. Perform software development utilizing Java, J2EE (Servlets, JSP, EJB, JDBC, JMS), XML, Web Services, Oracle, PL/SQL, WebLogic, Design Patterns, UML, Ant, JavaScript, HTML/DHTML, Windows/UNIX and related open source technologies (Struts, Spring and Hibernate)."
My questions are as follows:
1) Which is the better option between sending an AC letter and not
sending an AC letter to USCIS in my case? I don’t mind to pay my
attorney as long as sending an AC letter is the best option.
Or, I may send the letter myself since these are a few sample AC
letter I can follow.
2) According to my job title and job description with my new employment,
whether or not they have sufficiently prove that my new job is the
“same or similar” to the job in my Green Card application?
3) Do you have any suggestion and comment on my new job description?
4) Are there any other things I need to pay attention to for my job
change?
Thank you in advance!