|Can I Change to a Similar Job but with Different SOC Code and Higher Wage?|
My form I-140 application has been approved and my form I-485 application is pending for more than 4 months. By using AC21 portability rule, can I change to a similar job but with different SOC code and higher wage?
The job positions falling within identical SOC codes are generally considered as qualifying for AC21 portability. The same is true for positions within the same SOC broad occupational code, with first five digits match.
The career progression to positions in different SOC codes can be acceptable for AC21 portability also. The AC21 qualification includes job progression to the management of functions, or positions that are the same or similar to the original sponsored employment.
The AC21 same or similar requirement can also be met by positions in different SOC codes, even without career progression. If the evidence shows that the jobs share essential qualities or resemble each other, there is potential AC21 portability. This general recognition allows for variations in SOC codes that reflect different industries, but where the jobs are quite similar in duties, skills, requirements, and other factors.
Wage differences are not determinative. Wage differences are to be reviewed in light of geography, inflation, promotion, employer size, industry, and other relevant factors.
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