TITLE/POSITION CHANGE: How this affects LC and I140/485?

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shelfd

Registered Users (C)
Your career should advance even if the time to obtain a GC is getting longer and longer. You simply can not stay in the same position/title for about 6 or 7 years while kept by the same company. Your hard work deserves a postion/title change although the GC regulation does not favor it.

This thread was specifically dedicated to addess issues for the impacts of TITLE CHANGE on LC and I140/485. Please offer your advice, address your concerns and discuss any issues related to this topic.

Your comments are more than welcome.

Thanks.
 
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TITLE/POSITION CHANGE: will it affect LC and I140/485?

Title change: will it affect LC and I140/485?

My title was "Programmer/Analyst" when applying for LC. My company just had an organizational change and my titlle was changed to "Software Engineer".

1. The job reqirements, salary, duties, etc. did not change at all. This change is just the result of the comany reorganization.
2. The change is NOT specific to me, ALL positions of "Programmer/Analyst" were changed to "Software Engineer" within the Company.

This will create a mismatch b/w LC title and my current job title. Will this cause problems for LC and future processing of I140/485?
(The real issue here is that these two postions have different DOT codes; they probably have different prevailing wages as well I think.)

I am about to extend my H1B and my lawyer is using my new title. If LC is approved in the future and when we are pareparing I140 docs, will we use the new title or keep the old one? If I am going to keep the old one, should I ask my lawyer to keep my old title in my current H1B extension?

If you have any similar experience, or have any suggestions, advice, please post here.

Thank you so very much in davance!

Shelfd


Originally posted by shelfd
Your career should advance even if the time to obtain a GC is getting longer and longer. You simply can not stay in the same position/title for about 6 or 7 years while kidnapped by the same company. Your hard work deserves a postion/title change although the GC regulation does not favor it.

This thread was specifically dedicated to addess issues for the impacts of TITLE CHANGE on LC and I140/485. Please offer your advice, address your concerns and discuss any issues related to this topic.

Your comments are more than welcome.

Thanks.
Click to expand...
 
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I am in a similar position. My LC was filed with "Software Engineer" while my current position is "Programmer/Analyst" ..
Will have to wait and see the impact ???

Would also like to know about the impact on I-140 and 485 processing...
 
zbcx123,

What is your lawyer's opinion on this?
Did your lawyer notified INS about the change?

I am going to renew my H1 B and am wondering if I should ask my lawyer to file the application with the new title, or just keep the old one, as my duties etc. did not change at all?

Do you, or anyone else out there, have any suggestions please?

Thanks in advance.
 
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Since GC is for a future job, I was advised that it should not be a problem. Your company should maintain the intent that they the position indicated in your LC is what you will be working as after you get your GC... Other immigration gurus in this board have told me the same.. But not quite sure about how it is gonna effect 140 and 485 processing though .:confused:
 
Well, here the deal. INS/DOL does not care about your career and the GC has nothing to do with it. Tho only reason for a GC that requires an LC is to fill a position that workers are not available to fill in the US. Therefore, the employer is permitted to bring one from overseas.

You would have a very difficult time convincing INS that you really were going to be permanently demoted when the GC is approved. I wouldn't buy it and I'm not sure INS will either.

That being said, certain promotions present no problem as long as the job is still "similar".
 
For Jim

Jim,

Could you please clarify what you meant by "similar". What is the extent of similarity that is permitted?

My postion changed from consultant to senior consultant the difference being additional supervisory duties were added to my current job profile. Do you think this counts as "similar"?

Your early response will be greaty appreciated.
 
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