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m*****7
发帖数: 91 | 1 老问题，不过具体有谁做过么？是做H1B transfer还是EAD就行了。有些什么具体的不
骤？另外从engineer到manager没有关系吧，一样的工作，一样的领域。 | h****2
发帖数: 176 | 2 engineer 到 manager 改变有点大吧？ | E***X
发帖数: 885 | 3 同问，拿到EAD后大多数人的H1b 也快到期了吧？ 如何续呢？ | h****2
发帖数: 176 | 4 Got this from web. A guy tried to port from Sr.Support Engineer to Software
Engineer. He got this when he talked to his lawyer.
--My Lawyer says.
(1) If you are support Engineer then you do talk to customer, you install
the software at your end, you try to reproduce the problem, you go through
code, Do some Unix shell script/javascript etc.
So Basically you are using software/programming etc.
Now when you will become software Engineer, you will do the job of writing
the code/fixing bugs/designing /documentation etc.
Now as long as you play with software(either support or develop or do both)
they can defend this as AC21 portable.
They they say that generally at the time of sending the letter to USCIS
about AC21, they mix/match/mingle the old role (in the labor) and the new
role so it becomes difficult for USCIS to judge if they are not same/similar
:-)
They say even that if you switch between Software Engineer/Software
Architect/Product Support Engineer/Database Admin/Database Programmer/QA
Testing Engineer etc they can easily defend you under AC21
However they say that they can not defend(or it will be difficult) if
(1) You change your role to Manager/Supervisor.
(2) You join IT department where they fix hardware.
(3) Of course if you go to other department HR/Marketing/Product Management/
Legal etc.
They also say that they have never heard of a case in which USCIS has denied
I-485 on the basis of AC21 if it was in the Software industry.(Development/
QA/Support etc).So USCIS seems to be on easy for this topic unless otherwise
People change to different indistry itself (Hardware/HR/Marketing/Legal etc
). Even he gave example that he has defended a case in which Software
engineer promoted to Manager (By showing 50 % role as of Software
Development/coding etc ).
He also said that as per USCIS Field Manual(Rule book) Officers are
instructed not to reject any AC21 case themselves unless they get
confirmation from headquarters that jobs are not similar. This may be one of
the reason that they don't bother rejecting the case on AC21, as they don't
want to go in hassle of communicating with headquarter and approve the case
unless it is obvious different.
I am not sure if my lawyer is more than flexible or what ? May be different
for different lawyer . | l*******n
发帖数: 8388 | 5 关键在于job description 变化。就像上面跟帖里面律师所提的engineer －>manager
，至少50％不变，是可以的。
如果rfe, 最好是让公司出一个senior engineer 的evl, 如果可能的话。否则还是多往
原来jd 靠拢，少许manager role 内容。
【在 m*****7 的大作中提到】
: 老问题，不过具体有谁做过么？是做H1B transfer还是EAD就行了。有些什么具体的不
: 骤？另外从engineer到manager没有关系吧，一样的工作，一样的领域。
| m*****7
发帖数: 91 | |
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