Please help me! (Job title for labour certification)

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samarc

Registered Users (C)
Dear Friends,

Two years back my company filed for my labour certification(normal processing). My case is still pending in the state department. When we applied for my LC, my job title was programmer/analyst. Due to organizational changes my company now want to change my job title to system analyst, but with the same job responsibilities. Does anybody know how the job title change will affect my labour processing? I am really worried about this. I would really appreciate your input.

Thanks
 
I believe so long as the job code as determined as DOL is identical for both the positions, you should be fine. Since it's taking 2-4 years for LC, people get promoted and hence their title during LC approval or even GC approval might be different from the one at the time of LC filing.

V99
 
v99,
thanks for your response.
The programmer/analyst and system analyst job titles have different job codes in DOL. So, do you think that I shouldn't change my job title?
 
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My lawyer said that so long as the job code is the same (and of course the job responsibilities as well), then DOL shouldn't have an issue. In your case, with the job codes being different, he said it could be a dicey situation. You sholuld consult with your lawyer.

In my opinion, try talking to your company. Let them know the impact the title change has on your LC. Tell them how long you have been waiting and the fact that all the LC fees might be a waste if they went ahead with their changes...might be a convincing argument.

Good luck!

V99
 
Thank you very much,v99. As you said, I think I should talk to my company about the impact of the title change.

Thanks again
 
v99, I have one other question. When we applied(2002) for my LC, my salary was well within the prevailing wages determined by DOL(http://www.flcdatacenter.com/owl.asp). But now, the DOL increased the prevailing wages for most of the job codes. In my case, my current salary is less than the prevailing wages for 2004. Do you have any idea which year's prevailing wages that the DOL will probably use for my case?

Thanks
 
Dear Friends,

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". But, the job description I used is for "programmer analyst"(Actually I am doing the job of 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 a lot.
 
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Do you know OES*Code for which your application was filed?

samarc said:
Dear Friends,

Two years back my company filed for my labour certification(normal processing). My case is still pending in the state department. When we applied for my LC, my job title was programmer/analyst. Due to organizational changes my company now want to change my job title to system analyst, but with the same job responsibilities. Does anybody know how the job title change will affect my labour processing? I am really worried about this. I would really appreciate your input.

Thanks
Click to expand...
All,

I am trying to file applications for my employees and would like to use Programmer/Analyst (15-1021) instead of Systems Analyst (as this will require higher proferred wage compared to other). However, my lawyer is advising against this but one of the employee is already working as Programmer/Analyst with us on H1 (filed by the same law firm).

So, does anyone know of recent labor (ALC)/i-140 approval or denial for Programmer/Analyst? If it was approved, can you send me the job description used?

samarc:
What was the outcome in your case (if you still sticked to Programmer/Analyst)? If it was positive, can you send me your job description?
 
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