Importance of Title/Description!

O

oris

Registered Users (C)
Since I will accept another job offer, I would like to know how important to have the same title as in my labor in the new job. Description is the same as my labor but the job title is totally different because of company requirements. My lawyer says as long as the description matches it should not be a problem.

Also, if you go for extending H-1B and not using EAD, do you still have to renew EAD just to keep it valid?
Anyone has any experience?

Thank you for any information.
 
Originally posted by oris
Since I will accept another job offer, I would like to know how important to have the same title as in my labor in the new job. Description is the same as my labor but the job title is totally different because of company requirements. My lawyer says as long as the description matches it should not be a problem.
Click to expand...

While BCIS looks at title for AC21 purposes, the description and salary are also considered. No one factor trumps the other two; they look at the three combined to see if the job is similar. If the description and pay are similar, then I wouldn't worry.

Also, if you go for extending H-1B and not using EAD, do you still have to renew EAD just to keep it valid?
Anyone has any experience?
Click to expand...

My EAD was expired for 5 months before I renewed it. As long as you are maintaining H status it's OK.
 
TRC - do you have any idea what the effect of a much higher salary is for a AC21 case (description and skills involved are the same) ? I was grossly underpaid when I started working and got steady raises over the next 4 years. The new job itself did not create a spike in salary. However, comparing LC with current salary does give a shock even though the increase is fairly uniform over the years. My lawyer seems convinced I am doomed - what do you think ?
 
Originally posted by bugsbunny
The new job itself did not create a spike in salary. However, comparing LC with current salary does give a shock even though the increase is fairly uniform over the years. My lawyer seems convinced I am doomed - what do you think ?
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I don't think you're doomed, especially if you can relate that your duties remain the same or similar to the LC, and your increase in pay is due to the market. It's not like your employer could've predicted that INS/BCIS would take four years to deal with the case.
 
Originally posted by oris

Also, if you go for extending H-1B and not using EAD, do you still have to renew EAD just to keep it valid?
Anyone has any experience?
Click to expand...

If you have a valid H1 and planning to extend it, you don't have to renew EAD.
 
bugsbunny,
Don't worry. It's quite common that in job market salaries increase with experience. There is absolutely no chance that BCIS will make an issue out of your case. If your lawyer says that there would be a problem, then it only confirms that there is absolutely no problem (because these lawyers highlight trivial issues and forget/ignore real issues).
 
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