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Change In Job Title And Impact On Approved I-140

Discussion in 'AC 21 I-140 Portability' started by nikita, Dec 31, 2015.

  1. nikita

    nikita Junior Member

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    Hello Ron,

    Suppose I-140 was filed and approved when a person was AVP (or say Software Engineer) in the company. Few years down the line that person gets promoted to VP (or Senior Software Engineer) and duties are still same, may be some additional 10% more work than what the person was doing. Though on perm in "Job Opportunity Information" section, job title is mentioned as AVP (or SE), in the "Prevailing Wage Information (as provided by the State Workforce Agency)" section of PERM, the occupation title was mentioned as "Computer Systems Analysts (15-1121)". Since the job duties will be same, there is not going to be any change in that even after the promotion. The person will continue to work on same project and modules, doing the same stuff as earlier plus additional 10-15% work.

    That said,
    A) Is there a need to refile PERM/140?
    B) Is there a need to file H1B amendment?

    Any inputs from those who have gone through similar situation will be appreciated.
     
  2. Blindsided

    Blindsided Member

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    My lawyer had said - not really needed if duties essentially remain the same but safer to do because you never know with USCIS, they just need an excuse to screw you. So better to take the bump in pay while keeping the same designation. Maybe some upcoming provisions would sort this out that will allow you to naturally progress in your career.
     
  3. nikita

    nikita Junior Member

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    The irony is that there is no bump in pay :(.
     
  4. Blindsided

    Blindsided Member

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    Oh heck with the title then. Unless if you are planning a move, take the new title a couple weeks in advance so you can leverage the title to get into a similar role in another place. You will have to refile perm/140 anyway.

    Only thing you will need to check is if priority date for prior I140 received for a Software Engg position can be used for Sr. Soft Engg position ? Someone in this forum, please advise.
     
  5. hyderabadi_haleem

    hyderabadi_haleem New Member

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    Yes it can be. I have done the same although EB3 to EB2. Regardless USCIS will use the best category and priority date the caveat is
    that the old I-140 cannot be withdrawn.
     
  6. nikita

    nikita Junior Member

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