substitution labor being an issue because of designation

[chicchu]

Folks,
Currently my designation in my company is 'Senior Programmer analyst'. My company has an approved labor for a 'Programmer analyst' position. The paralegal for our company is saying that she see's a potential issue because of me being a Sr.Programmer analyst versus the labor being for Programmer analyst. When I lookup the OCC_TITLES in the
www.flcdatacenter.com website there is nothing like Senior Programmer analyst. Now they r thinking that they should do a H1 for me to demote to a Programmer analyst and only then be able to use the labor for me.Please give me some info on this if there is a way I can use that labor without changing to programmer analyst

 

[udaippan]

Title during the PD

I think what matters most is what your title was when that LC was filed initially. Suppose that it was filed in 2001 and if you were a Prog. Analyst at that time, that should be enough, I guess. Your experience letter should reflect that. So get the PD of that LC and find out for yourself.

Udai

 

[talkative]

What nonsense! GC is based on a future job offer. Your current job has nothing to do with the application. Make sure:

- The job and the company are bonafide
- Your company can establish ability to pay from the date of LC application

- You meet or exceed all educational and experience qualifications on the LC
(If the LC was applied on 1/1/1980, then you should have had the education and experience listed on the LC as of 1/1/1980. Anything you got after that cannot be used. Experience with the sponsoring employer cannot be used. And you should meet the requirement unambigiously, without involving any permutation or combination. If it does not say "equivalent", then they better match down to the word.)

Once above are established, the following DO NOT MATTER:
- Your current job title
- Your current wage
- If the sponsor is presently employing you (!)

[Only exception: if you're working as a manager and your LC says junior engineer, then USCIS may give you trouble on the grounds that it's unlikely you'll take the steep downgrade when your GC is approved]

The only requirement is that once GC is approved, you should work for the job position that was stated on LC. Even then, "progressive" changes without a change in job description (ie, not like programmer->manager) are never an issue. Especially if it's just addition of a description like "senior". The reason DOT doesn't have senior analyst is exactly this reason: analyst and senior analyst are the same job.

Talk to an attorney, your paralegal is obviously not very well informed.

 

[chicchu]

Thanks guys for the replies. I work for a corporate company . and the paralegal we have is a pain. It is hard to even convince them by anything we know. They said I have to be a Programmer analyst for using the labor and then said they can not demote me because INS might look at our company in a bad way. So, finally they said they can not use the labor for me. Also our managers and the HRs have no clue abt immigration and the HR adviced my manager saying that since they normally do not demote people, they can not do this.

 

[talkative]

Ask for an appointment to talk with your attorney. Paralegal != attorney

Point out that GC is for a future job offer. Below memo (though not addressing this specific topic), makes it clear:

It should be noted that there is no requirement in statute or
regulations that a beneficiary of a Form I-140 actually be in
the underlying employment until permanent residence is
authorized

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf (see the last page)

This whole talk of demotion is stupid. Either your paralegal is exceedingly dumb, exceedingly careful (to the point of not doing their job correctly), or maybe they don't want to do a LC sub for you.