Change in job tile and added responsibilities

W

Wishing

Registered Users (C)
Hi all,

I would really appreciate some advice. My labor certificate was approved for the position of Systems Analyst. It also stated on my Labor Cert. that there would be no employees reporting to me. During the course of the my working for the company, I was promoted to MIS Manager. My duties essentially stayed the same. The company that applied for my green card closed its business. After the company closed its business, I joined another company on AC-21 as a Senior Systems Analyst. Now I have a better offer for the position of IT Manager. My duties again are very similar to what is given in the Labor cert., however I have added supervisory responsibilities with few employees reporting to me. Would this have an adverse affect on my AOS?

In the job description letter that I obtain from the new employer, it may not be written that there are people reporting to me. Is there a possibility that INS may ask whether there are people reporitng to me and may consider it negative? If so, is there a way to overcome this problem?

Thanks for your advice.

Wishing
WAC02-091-xxxxx
 
If the new employer is willing to provide u an employment letter with same/similar job duties, and omit any reference to # of employees reporting to you, u should be good. I have never heard a case where USCIS specifically asked about # of people reporting to you.

Hope u have a good lawyer representing ur case.

goodluck

-ab
 
Dear Atlantabhopali,

Thank you for your reply to my post. My job duties are essentially the same and hence my company can provide me a letter stating similar job duties to what is in the Labor Cert.

I have contacted lawyers and I am getting conflicting views about this issue. The confusion arises due to the fact that the job title of IT Manager would imply management of people along with the technical duties and hence I would need to spend time in managing people as a part of my duties. What I have heard is that Managers fall under a different job classification than Systems Analyst and hence BCIS may consider it a completely different role. This is what is troubling me. Any suggestions or thoughts? I truly appreciate your comments and response.

Thanks
Wishing
WAC-02-091-xxxxx
 
Wishing,

As per AC-21 memos issued by CIS, job title is not important - job duties and responsibilities are. CIS understands that each company has its own titles and they are not standard across the board. So, ur title should not matter. Besides, IT Manager doesn't necessarily needs to be a manager of people, it can be a manager of systems as well.

If u want to be on the safer side, u can do 2 things:

(a) Ask ur company to mention the title in the letter as Systems Analyst instead of IT Manager. If they agree, great! If not, u can propose something vague like IT Systems Analyst and Manager.

(b) In the letter, they can write something like "...... and his title is ABCDEF, which corresponds to the code XXX.YYY.ZZZZ of the DOT/O-NET directory of job occupations as issued by Department of Labor.....". This XXX.YYY.ZZZZ should be the same as the code # on ur LC. To me, this is the strongest argument that a company can make in order to prove that u still fall under the same job classification as u were when ur LC was processed, and even if ur company just does this, u should be in good shape.

A question for u - how different is new salary gonna be, as compared to the salary mentioned on the LC? If there is a 15-20% difference, no problems! If the difference is higher, CIS has mentioned that it may perceive big differences in salaries as an indication of dissimilar job responsibilities.

goodluck

-ab
 
Last edited by a moderator:
Dear Atlantabhopali,

Thank you for your encouraging and valuable suggestion. Atleast I am feeling a bit relaxed with your suggestions. My salary is 5% higher than the range that is listed in my LC. So that does not seem to be a problem.

Being a big company, I am not sure if they will be able to change the title to IT Systems Analyst and Manager. They need to go through all the legal processes to do so. But I am definitely going to try for this, as it is worth trying.

I am wondering if it is the lawyer or the company that needs to specify DOT/O-NET job code according to directory of job occupations. The understanding that I have is that these codes need to be specified by the lawyer in their explanation for similarity of the positions. Can company write these codes in the job description letter that they provide? Will it look authentic if the company writes the code? Of course, they can write the job description. Once again if you could please provide some suggestion on this, I will be really at ease.

Thanks once again.

Wishing
WAC-02-091xxxxx
 
Originally posted by Wishing
Can company write these codes in the job description letter that they provide? Will it look authentic if the company writes the code?
Click to expand...

Yes and Yes. Lawyer is just an "agent" who does the research (see the forms filled during LC - lawyer signs as the agent). It is ur employer that is ultimately responsible for accuracy of the information in LC. Hence, the employer should be able to provide u the same in the letter.

goodluck!

-ab
 
Dear Atlantabhopali
I would like to thank you very much for all your advice. I will try to do what you have suggested. Only thing is that since it is a big company and is not the original petitioner, I don't know how far I will be successful. Anyway, since I have some directions to work on, let me try for this and see how it works.

Once again, thanks a lot. It has been a very valuable advice to me, as I was really tense.

--Wishing
 
Hi Folks,
In case of Wishing salary was higher, if salary goes less in this econmy by 25% will that affect RFE for 485 reponse from BCIS point of view. Any comment please.
honey
 
Originally posted by honeyhappy
Hi Folks,
In case of Wishing salary was higher, if salary goes less in this econmy by 25% will that affect RFE for 485 reponse from BCIS point of view. Any comment please.
honey
Click to expand...

No one can say for sure as there are no guidelines from USCIS. Original AC-21 did not have any salary related requirements. However, in recent memos USCIS has mentioned that it may use salary differences as an indication of dissimilar job duties. Most lawyers agree 10-15% salary difference either way is ok..

If ur salary is lower by 25%, u may want to check two things:

(a) How is ur salary as compared with the "prevailing wage" in ur LC? Typically, "prevailing wage" is < than "offered wage" in the LC. If ur lowered salary is still > prevailing wage, u should be good.

(b) If u have moved to a lower salary state (say, from CA to AL), try to find out the prevailing salary in ur local area. U can use the DOT/O-NET directory for the same. If ur lowered salary is > local prevailing wage, a good attorney should be able to argue pretty easily that ur job classification is still the same.

goodluck!

-ab
 
You must log in or register to reply here.
Top