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DealWithIT

H-1B extension after 6 years with I-140 approval

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I will be completing my 6 years of my H-1B visa in September. I have an approved I-140 from the same employer but my PERM Role and my H-1B Role and Job Descriptions are slightly different.

Basically, I had role of Senior Programmer Analyst and I have an approved I-140 with the same role. Later my role was changed to Software Engineer II. I got my previous visa extension with Software Engineer II role.

But the I-140 role Job Description has Bachelors degree with 5 years experience or Master's with 2-3 years experience but Software Engineer II role only has Bachelors with 2-3 years experience.

My attorney is saying that there is a discrepancy on the Job Descriptions with I-140 and H-1B.

So they are recommending Pay increase/Promotion or alternatively do a Wage Salary Survey that match I-140 petition and H-1B match.

Can you please advise ?

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