Job Description and current job

M

March2002Tracker

Registered Users (C)
I had a peculiar problem.

1. I am employed as a Programmer/Analyst on H-1B as most people are>
2. When my LC was filed, as my roles were both Prog/Analyst and Sys Admin, the attorney advised to file LC in SysAdmin and said that as this is a future job we can always do that
3. LC approved after 3 yrs, and I-140 also approved, now when we file 485, it says Name and Title.
4. The attorney filled Prog/Analyst the current job title.
5. The employer gave a letter that XYZ, is emplyed with us since mm/dd/yyyy, for an annual salary of xx,xxx.xx and we will continue to employ him after the permanent residency for an annual salary of xx,xxx.xx (the salary in the LC) and the job is permanent.
6. When questioned the attorney that no where has he mentioned the new job title he said no need as it is evident from the LC.
7. Also he said that thesejob descriptions are very broad and that it will go thru\' and we are here to answer.
8. He added that job decriptions, and salaries are in the LC / I-140 stage and in the 485 they see more of out-of-status, criminal background, medical and company viability.

Anyone have nay ideas if this will cause any problems. As usual getting worried,

thx

Sam
 
Job Descriptions ...

Sam,
   I am not an attorney and can only give you my impressions. I asked my attorney a very similar question when filing; her response was that the job descriptions given are very broad and INS usually allows some lee-way. In your case, you SHOULD be fine as Sys. Admin is a logical follow on from programmer/analyst - INS may be unreasonable in a lot of ways, but even they generally realise that people\'s responsibilities may change over time with a company. As it takes so long for them to get anything done in INS, I don\'t think they expect people waiting on approval to adjust status to TOTALLY put their careers on hold. Personally, I don\'t think you need to worry - most of the scrutiny on job descriptions is carried out in Labor Certification and then (to a lesser extent) I-140. After that, you should be ok as long as you are working with the same company; even there, INS has provisions if you change employers 180 days after filing I-485.
 
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