Job offer "Designation" is different from labor

A

anushri

Registered Users (C)
One more question(I can't help it):

My company is not ready to wite the JOB Designation for which the labor is approved in the offer letter. Instead they will write the Designation on which i am currently working (becoz of promotion).But job duties are same.

I have read almost every post and convinced that the duties should be same and title dosent matter.
But still ............can this may be any cause for rejection since eaxct words will not be matching????

Has anyone has gone thru the same situation where in the offer letter the designation is different for which labor is certified. Please share...as this will be very comforting to me.

anushri
 
anushri:

As long as the job description is same (preferred) or similar you should be fine. It is understood that title may be different due to career progression. example: LC may be Software Engineer and now you are Sr. Software Engineer or Tech Lead but job description is till the same with more responsibilities.

I dont see a problem. I had a different job title in my notarized letter vs LC but same job decsription and no questions were asked.
 
KD:
You are a life saver. Thanx for replying.Actually my attorney says its highly recommended to write the same designation as labor and company is adamant they will write the current designation. and i am also suggested to change to 485 which ofcourse i dont want to at this stage.

Attorneys have the opinion consular officer also match the designaion besides duties, so you can understand the pressure i am under.
well, thanx this gives me hope and courage to continue with CP....

anushri
 
anushri:

your attorneys are right that IDEALLY job title and description should be similar to LC job title and description. But it is normal to see promotion and a slight different job title (Software Engr vs Sr. Software Engr) with same LC responsibilities plus a few additional. If questioned by consular officer you can always say this is due to career progression since your LC was filed and this is normal. What is concerning is if LC was filed for IT job and now one moves to a non-IT job.

I think you are in good hands.
 
Eventhough I agree with Kd for the fact that the job duties need only be the same, I remember my attorney causioning us(myself and my employer) not to do a promotion or change of title until the CP case is approved. The whole process of employment based Immigration lies under the fact that

"There was no american worker available for THE POSITION with THE QUALIFICATION / REQUIREMENTS for THE BENEFITS OFFERED" as certified by the Department of Labor. Any changes (except slight changes to the salary due to changes in cost of living, profitabiity of the business etc.) can undermine that concept. Promotion can define A CHANGE OF POSITION, other than that in the LC, eventhough the job duties remain the same. It is the responsibility of the Department of labor (Neither of a CONSULATE nor of INS) to define a LABOR(JOB) , by prevailing salary, Position title, resposibility etc as per well defined standards as specified in the DOL web site. It is a very systematic and complicated process as it would be amazing to see how many sub-categories under a specific job. If they do not agree to a description, salary,job-duties or Educational/Experience requirements in the LC petition, they issue RFEs before approving the case.

The bottom line is that it would be better if you have the Job offer letter showing the same Designation as in the Labor, because often times the officers may just go by the title as they may not be trained in the labor law.

In case of Adjustment of Status, due the AC21 ruling one can change his job as long as the job is
" same or similar in nature" after 180 days from the Receipt date of Adjustment of Status provided the underlying I-140 petition is approved. In that case you can either change employer or positions as long as the position is same or similar to the one specified in the LC.

Unfortunately, NONE of the provisions of the AC21 ruling applies to Consular Processing . Once you have chosen to go in the CP route YOU HAVE TO REMAIN IN THE SAME POSITION , WORKING FOR THE SAME EMPLOYER UNTIL AT LEAST THE PROCESS IS OVER.

Eventhough there is no ruling which suggests, as to how long one should remain employed in the same position after 'Successful entry as a Lawful Permanent resident', My lawyer suggested a reasonable time frame (6 months to 1 year) before I can be a 'Real Free Bird'.

Hope this helps.
 
Last edited by a moderator:
Hi immihelp,
I got your point, in fact the same point is reitterated by everyone.
Now the scene is i am promoted and have a different job title and company is not willing to write the original title in the offer letter.
So bottom line for me is looking at all previous experiences continue CP or switch to I485 at this stage before its too late.

That is what iam working on now to reach a conclusion.
Would appreciate if u can suggest a path looking at the circumstances.
that would help, indeed......

anushri.
 
anushri:

It would help if you can tell us:

1. Your LC job title vs current job title AND

2. LC job description and current job description

3. ASsumption is that your salary is equal to or more than LC salary. IF there is a big diference let us know that there is a big gap.

Above are the 3 factors that are looked at in a notarized employment lette of which point 2, 3, 1 are the sequence of importance. Needless to say point 2 is of most importance.
 
Hi KD,
1)My LC dsignation was "Design Engineer"
and current is Senior RF engineer.

2)Job duties in LC and current (which will be in offer letter) are exactly the same.

3)There is a $12,500 increase in my salary from LC salary.
But as in the offer letter the statement will be
"He will be paid Not Less Than xxxx" where xxxx is LC certified salary, so i think it shouldnt be the problem.
Although my recent paystubs will reflect the current higher salary.

So this is it...hope i can reach to a conclusion in time and hope it is right.

anushri
 
Originally posted by anushri
Hi KD,
1)My LC dsignation was "Design Engineer"
and current is Senior RF engineer.

2)Job duties in LC and current (which will be in offer letter) are exactly the same.

3)There is a $12,500 increase in my salary from LC salary.
But as in the offer letter the statement will be
"He will be paid Not Less Than xxxx" where xxxx is LC certified salary, so i think it shouldnt be the problem.
Although my recent paystubs will reflect the current higher salary.

So this is it...hope i can reach to a conclusion in time and hope it is right.

anushri
Click to expand...

Your case is exactly like mine, including job titles!
I too had over 20K increase from LC salary, my job title changed to "Sr Design engineer" from LC title of "Engineer". I had no issues at all.
By the way, I am an RF engineer too!
 
anushri:

I concur with nkm. Title, Description and salary aspects of your employment letter should not have problems.
 
Thank you guys!
I feel nervous at times & need assurance that everything will be Okay and as always you guys are wonderful in boosting the moral.

anushri.
 
nkm-oct23:

when u had you Cp interview done and which consulate.
its good to see someone passed in exactly same circumstances.
If u dont mind can u share what was the designation given in offer letter and how your salary was written i mean did u mention ur current salary or labor certified salary.

If possible can u send the offer letter sample on my personal id which is anu_shri@yahoo.com
It will be of help .
tahnx
anushri
 
Good Luck

Events can change largely from Consulate to Consulate. Also an issue/matter which got over looked by an officer at one time could get noticed by the same officer at another time or by a different officer. It can very well depend also on the 'Mood' of the officer on that particular day etc. It does not mean that the officer will turn around and deny such cases; nevertheless he/she can give hard times. The officer may request for further evidence. I do not mean to scare you. But being a bit extra cautious will not hurt. It would be completely your choice and responsibility either route you go. I hope the thoughts each of us share in this forum will give you enough insight to make a good decision that will best fit your circumstances, at the end. Officers are not familiar with Labor Law. Change from 'Engineer' to 'Senior Engineer' may get un-noticed. But If the Title language changes remarkably, the Officer may request an explanation. The law does not require that you should be currently employed for the 'SAME POSITION'.
It does however require that 'You WILL BE employed for the 'SAME POSITION' for which a Labor certification was approved by the Department of Labor and a Petition for Immigrant Worker (I140) was subsequently submitted to and approved by the INS”. All that the Consulates are doing is to verify that the information underlying those petitions are genuine/valid based on documental evidence interviews etc. It would be your responsibility, as a candidate to demonstrate beyond suspicion, that the information by which the petitions have been approved is true to the best of your knowledge. EB Visas are for 'Future' jobs and consular interviews verify that 'THE POSITION EXISTS' as of the date of the Interview and there is a prospect for continued employment. CONSULAR PROCESSING CANNOT EASILY DENY A PETITION FOR AN IMMIGRANT VISA, unless for Severe Crime/Health/Financial/Fraud reasons. All that they may do would be to request for more documents.

In case you choose to go for CP, which I think would be a faster process for you; you would have to be willing to take at least a bit of 'Risk'. I had to take the risk because my salary was at least 40% more than that specified in the LC. Company was NOT willing to show the lower figure as it was visible in the PAY-STUBB.
I had the reasoning to answer if questions were asked. My increments were periodical based on my performance and number of years I worked for the company. The extra letter I got from my employer (As compiled by the company attorney) showed all these factors. It also included factors such as company wide salary increment, Increase in Cost of living etc. It was never asked at the interview and hence I did not bring it up at all.
(This is another rule I would follow in a CP interview. 'Only provide what is asked for, Nothing more Nothing less, this is true while answering a question ').

I think it would be better, if you get a second letter notarized from your employer explaining your specific situation. In that letter try to explain the reasons of such title change and get the employer state that your responsibilities in that position remain the same. You DO NOT HAVE TO SUBMIT THE LETTER PRO-ACTIVELY. Use it only if asked for. In every aspect I don’t think they will deny your case ‘JUST FOR THIS REASON’. I think as the worst case scenario would require you to get a letter from your employer, while you are overseas to the ‘tune they like it’. You have to determine if that would be feasible based on your circumstances. I know situations in which employers trying to help the candidates by providing extra documents/fax etc, when there were issues at the interview.

I HOPE THIS WILL HELP YOU TO MAKE A DECISION. AND GOOD LUCK!
 
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Hi immihelp,
Is it possible for u to send the extra letter you got from the company to my personal mail id which is anu_shri@yahoo.com.

It is definitely a good idea to take something of this kind for just in case situation. Thanx for the suggestion.
If u can send, it will of great help to me while i make mine. I'll try to get it on the company's letter head.

Did you ask the HR to notarize that letter as well???
Thanx again
anushri
 
Salary Difference in LC

Hi CP Gurus-

In my case salary was reduced due to cut down of costs at clients end (around 10 %) from what is mentioned in LC.

Will this cause any issues?

I would appreciate your suggestions.
 
kovai:

If you are saying that your salary is less by 10% than salary metnioned in your LC then you should be fine (99%). There is always an element of risk but with the soft economy the consular officers have been understanding. WE haev see a number of folks who have gone in for interviews with salaries as low as 20% below LC salary but you should ask the question what was the salary they mentioned in the notarized employment letter that they carried for the interview. This was a very good point brought out by raju595 in one of the previous threads.
 
Re: Salary Difference in LC

Originally posted by kovaiGC
Hi CP Gurus-

In my case salary was reduced due to cut down of costs at clients end (around 10 %) from what is mentioned in LC.

Will this cause any issues?

I would appreciate your suggestions.
Click to expand...

Let me break up your question for clarity.

a) If your current salary is 10% lower than the figure mentioned
in LC, but you expect to be paid the LC salary once you get
your PR status.

Then,

there is absolutely no problem.

b) If your current salary is 10 % lower than the figure mentioned
in LC and your sponsor plans on maintaining the figure even
after you get your visa. (I am also assuming that your
employer will also give the employment letter with the same
reduced salary).

Then,

there may be a slight issue here. But everything's not lost.

In this soft economy I have read that small differences from
the LC salary figures are overlooked by the consular officers.


Let us know what your employer's stand is, on this issue.

Raju
 
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