Same company, different job title..is it a problem?

H

hopeful_il

Registered Users (C)
Hello Guys,

Thanks for all for being so helpful with advice...

RD: 7/24

My question is : I received a RFE for employment verification...I still work for the same company and everything, however, my job title has changed from "Senior Consultant" to "Manager"...is this a problem?
Is there a chance that the INS will perceive this to be a different job , even though, realistically, it is the same job function with a few added responsibilities

Thanks,
Hopeful
 
Same case

RD 12/01
ND 12/10

I have the same case. Early in the year my tittle ended in "leader". After April my tittle ended in "Manager". Same company, same group (but under different manager), same job but more responsabilities and 2 direct reports and diferent HR guy.

I opted for keeping the issue in low profile. I have not mentioned the issue to anybody (not even my lawyer). I am waiting. If I reveice the approval without RFE then I guess I am safe. If I get an RFE then I plan to wait for the lawyer to write the letter and send it to HR. If HR signs then fine. If HR does not sign then I am planning on talking to the HR guy and explain that my responsibilities are the same.

Somebody told me once that the worst you can do in these cases is notify your lawyer and/or your HR representative. If they know then they will not keep quiet as they become liable for knowing that your status has changed and have to notify the INS.

In my case, I accepted the new position because it gave me a very big jump in my salary. Therefore, I took the risk....
 
U r at risk

Hi Guys,
When your company files for GC they are applying for a particular position. Doesn't matter if ur responsibilited remain the same or not, if u change your title, your GC is at risk. INS could deny your case and start all over again.
Your company wouldn't have let you change your position in first place.
 
Thanks for your responses guys,but...

After looking at some websites, here is what it appears to be...

The INS is looking for the job to be in the same "Category" as explained in the U.S Deparment of Labor (http://www.oalj.dol.gov/libdot.htm)

"Software" appears in the "Professional, Technical, and Managerial Occupations" category which is category 0 and category 1 clubbed together....apparently, you CAN'T go from software to fishery or agriculture or banking...as long as you are in the same basic profession, its allright...Within the categories are "divisions" which further break it down into different tasks...but the INS has claimed that "narrowest" interpretation of "similar" job is that it should fall within the same category.....

Hope this is helpful.....I'm keeping my fingers crossed...

Any comments, guys?

Thanks,
Hopeful
 
This is something for Murthy FAQ

Question 5 : What is meant by "same or similar" job? TOP

The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the INS position as mentioned in the June 2001 INS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior INS officers at various meetings. In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.
 
Thanks for the info

This was very useful information Hopeful_il.
This typo of info will help me in the case that I receive an RFE (touching wood).

How are you doing? have you answered the RFE to the INS yet?
If so, what tittle did you use?
 
My HR has not replied to the RFE yet..

I will post will post when they do...But I guess, it does not really matter....or so I like to think :)

Good luck with your case...Hope no RFE :)
Regards,
Hopeful
 
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