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Change Job in the Same or Similar Occupational Classification

Dr. William:

I am a research scientist working with a university as a research associate. My EB1 I-140 was approved and I-485 has been pending for over 180 days. If I want to change job now to another city, what I need to now about the "similar or same" job requirement?

Answer:

Under the AC-21 rule, the geographical area change is immaterial and does not affect the pending I-485 application, if you are qualified for same or similar new employment issue.

For the term of same or similar new "job," the legal standard is not job but "occupational classification." The Occupational classification is much broader than a job, as each occupational classification include many similar jobs which are not the same, when it comes to the specifics such as skills or otherwise. Therefore, you should first find out whether the new jobs which you will take in another city belong to the same or similar occupational classification.




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