QUESTION:Different Job Title in H1-B and Green Card application

[rseth123]

Gurus!!

My 140 is approved and I am going for AC-140.

My green card is filed as a Software Engineer ( Systems Programmer). Since I am going for councellar processing so technically I am still on H1-B.

My H1-B is filed in South Dakota and now my employer is filing H1 ammendment for me in California because there was a DOL(Department of Labor) audit.

He is suggesting me to file as a Computer System Analyst because the salary for Software Engineer on DOL website in California is 90K and I am getting around 75K.

So do you think this will affect me in my green card or these 2 are different things.

Please suggest!!! Thanks in advance.

 

[sansin]

Your Green-Card position and salary (reflected in your ETA-750 and the employment offer letter that you would get before the interview) should be same or higher than your current position and salary, if your current employer is your GC Petitioner.

If would seem very odd, and might attract undue questions, if you are working for the same employer, and your current position higher than your future position that is, position of your green-card job.

Having said that, most people have salary increments over the many years that it takes to go through the green card process, so, in most cases, the applicant's current salary is higher than the salary declared in ETA-750 (Labor certification). In my case too, my current salary is about 5K higher than the salary declared in ETA-750, though my position is still the same. As long as its not too high, it should not be a problem.