Need advise on conflict between Job Titles…

S

ss_guy

Registered Users (C)
Gurus,

I need advise on this issue, I have just noticed that my I-485 is filed with Job Title as “Sr. Programmer Analyst”. But my LCA is filed with “Programmer Analyst”. I didn’t have my LCA, When I filed I-485 (My lawyer didn’t check the draft copy properly).

My questions are

Can I send amendment to my I-485(I asked the same question to my lawyer and waiting for an answer)? Is it possible ?

Or

Can I wait for RFE ?

Please post your views.

I am going to continue with my sponsoring company.
No idea of invoking AC-21.
I have moved to California.

I-485

ND : 06/12/2003 (Yes 2003)
FP : 04/25/2004 (Yes 2004)

I-140

AD : 12/04/2003
 
In my opinion change of title is not a problem, should have similar job duties.That too "Sr" is not a concern at all. I would not even think about it.
 
Hi NSC
I did post this some time back and got no reply,

LC applied Programmer/Analyst certified as Software Engineer

I485 Application offer letter has Software Engineer

am i @ any risk?
 
Last edited by a moderator:
Try to check job codes with your attroney

Every job has some codes assigned to it as mentioned in LC. You can check if there is any change in job codes.
Attorney is the best person who can help with this.
 
ss_guy said:
Gurus,

I need advise on this issue, I have just noticed that my I-485 is filed with Job Title as “Sr. Programmer Analyst”. But my LCA is filed with “Programmer Analyst”. I didn’t have my LCA, When I filed I-485 (My lawyer didn’t check the draft copy properly).

My questions are

Can I send amendment to my I-485(I asked the same question to my lawyer and waiting for an answer)? Is it possible ?

Or

Can I wait for RFE ?

Please post your views.

I am going to continue with my sponsoring company.
No idea of invoking AC-21.
I have moved to California.

I-485

ND : 06/12/2003 (Yes 2003)
FP : 04/25/2004 (Yes 2004)

I-140

AD : 12/04/2003
Click to expand...
You mention LCA.... LCA = Labor Condition (?) Agreement .... this is a certification that an EMPLOYER must obtain to employ a H1-B employee in a particular geographcal location (state / city).. the agreement supposedly guarantees that the employee is paid prevailing wages in the location ...

on the other hand LC = Labor Certification is a pre-req for filing I-140 ...

In my opinion, it does not matter what title your LCA has.... it is the title on the LC that matters...

Which one is it and what title does it have? Even if it is LC (and not LCA) .. I do not believe "Programmer Analyst" and "Sr. Programmer Analyst" titles would have different occupational codes... it is the occupational codes that drive the determination if you are in the same or similar job ....

This is purely my personal opinion and not a professional advise / suggestion... please check with your (or any) qualified immigration attorney .

Cheers

PS: Check this site for details on OCC Codes ... and compare with the OCC cod you have on your LC copy... in case you have ithttp://www.oalj.dol.gov/public/dot/refrnc/dot01b.htm
 
Last edited by a moderator:
Thank you all for your reply..

I have checked the DOL site, there is no DOT Code for Sr. Programmer Analyst. My DOT code in LC matches with DOT code for "Programmer Analyst" in DOL site.

I guess, i should not worry about this now !
 
If you worrird about the job title in LCA, just as what sairam1 said,
it's not a problem at all.

If you have "programmer anlayst" in your LC, you need to make it clear
whether it's EB2 or EB3 category. make sure in I-485 you keep the
same category as in your LC.
 
Gurus,

Couple of years back I applied for my LC in non-RIR. When I filed the application, I used the OES code "computer software engineer"(Occupation in which alien is seeking work). But, the job description I used is for "programmer analyst"(Actually I am doing the job of programmer analyst). My present job title is also programmer analyst. That time I didn't know the importance of the job code. My attorney also didn't say anything about this. Now only I realized the mismatch between the job description and the job code I used. Will this job code mismatch create any problem? How can I handle this situation?

I have one other question:
When we filed the application(2 years back), my salary was within the prevailing wages. But, now the prevailing wage has gone up substantially. Does anybody know which year's database SESA will use to find the prevailing wages when they open my case? Current year or the year I filed my application.

Thanks in advance for your reply...
 
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