discrepancy in job title/content H1BvsLC

L

lcebotar

New Member
Hi all:

I have been reading all posts carefully but no one seems to be in a position similar to mine. Nonetheless, I hope someone has an idea what I should do. Thanks in advance for any comments!

My H1B is for a Policy Analyst, but LC was deliberately sought for a secretarial position. My employer is willing to provide any documentation necessary to show that after receiving GC, my job title and contents will change, in accordance with LC. How should I go about explaining this during my CP interview? Should I bring one employment verification for the current position and one for the future one? Another possible complication is that changing from an analyst to secretary is definitely a step down occupation-wise. Would that provoke any additional questions from the consulate? I am planning on doing CP in Romania, if that matters.

Thanks again.
lcebotar
 
discrepance in job title/content (H1B vs LC)

Hi all:

I have been reading all posts carefully but no one seems to be in a position similar to mine. Nonetheless, I hope someone has an idea what I should do. Thanks in advance for any comments!

My H1B is for a Policy Analyst, but LC was deliberately sought for a secretarial position. My employer is willing to provide any documentation necessary to show that after receiving GC, my job title and contents will change. How should I go about explaining this during my CP interview? Should I bring one employment verification for the current position and one for the future one? Another possible complication is that changing from an analyst to secretary is definitely a step down occupation-wise. Would that provoke any additional questions from the consulate? I am planning on doing CP in Romania, if that matters.
 
No Title

There is no requirement that future position would be same as current one. If you bring employment letter to that effect, that is all you need.
However, since your is "stepping down" case, there can be concern of fraud by the consulate which may (or may not) try to verify this. Their argument can be "why would you be willing to get less?" and "why would your sponsor decide not to use your skills which are less easily found?"
But, if you have approved LC,I140 I don\'t see much chance for this to happen, were those questions are addressed directly.
 
No Title

Make sure that the employment letter mentions that "Your company continues to be interested in hiring you for the position for which your LC was approved with all the terms and conditions mentioned in the LC and 140."

I do not think the employment letter needs to mention your existing job or its details for the green card itself. However to the extent that you need to provide proof that your current stay in the United States is legal, you might need a letter of employment that shows that you are holding a position with your company as defined in the H1B visa LCA.

Basically you are proving two things:

1) You have always maintained legal status in the US. The burden of proof is on you to prove this.

2) You are also proving that the job your employer is sponsoring you for PR will be available when your PR is approved and you will be hired into that position at that time with all the terms and conditions (Job responsibilites, Salary etc) mentioned in the LC for PR.

Hope this helps.
 
No Title

If they ask, show them your valid H1 stamp.
The employment letter may say nothing about current title, current job desc.
 
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