6-month portability rule

N

nanda1972

New Member
Can anyone elaborate on how INS determines if the 6-month portability rule applies or not?

In my application of labor certificate, my job title was specified as "Software Engineer" whereas the description of duties covered a wider scope, including software consulting and customer-facing activities. Currently, my I-485 has been pending for over 6 months and I have been laid off. If I were to take up another job whose title is something like "Project Manager" or "Software Consultant" with primarily customer-facing project activities, will INS reject my green card application because my job title and/or duties have changed? Which is more important -- job title or description of job duties?

Second, how much can salary in the new job deviate from the original salary in labor certificate?

Thanks.
 
If the new job falls under same DOT classification and job duties are same or similar (INS has not defined this in detail yet), you should be OK.

My best guess is that your salary MUST be same or more than what is specified in labor cert. Again, INS has not come out with detailed guide lines on these issues. For example, 80K in CA is equiv. to 60K in North Carolina (just for the purpose of illustration), it is arguable that INS will be satisfied with this.
 
Similar job responsibilities is important

I guess if your job description is similar to the one in your Labor app it should be OK. Software Engineer or Software Consultant is just an indication, what they really look at is, I believe, the job responsibilities. So, if you become a Proj Mgr now, it might be a good idea to include some hands-on design/development in the job description along with customer facing activities and scheduling and managing activities. Best thing is to check with your lawyer.
 
You must log in or register to reply here.
Top