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seekinginformation

reclassify the position

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I have been working for my employer for the last 4 years. My current position is Information systems specialist and the requirements for the job position is a Bachelors requirement. My 6 years of H1B expires in Dec 2013. I have gained experience and grown a lot and am doing different job duties now. My employer would like my position to be reclassified. The reclassified position will be with new job duties and with the requirements of a masters degree with 2 years of experience. Can my employer reclassify my position and apply for my GC on this new position. What are the risks involved? Also if the employer reclassifies my position and applies for the GC and if it is rejected at any stage , will I be laid off immediately even if I still am under my 6 years of H1B? Please advice.

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Experience gained at filing employer can be used in very specific circumstances only.

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The position can not suddenly require a Masters degree when it was up to now fine without it.

And you can NOT use experience gained in the company for a GC, unless the duties for the GC job are at least 50% different from the duties for the current job.

In other words, the employer would have to promote you to a new job which is a least 50% different from the current one, if you want to be be able to use your experience for the GC.

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Again, if the same position was ok without advanced degree it can not suddenly require an advanced degree.

"Evolved" job duties don't matter. You can ONLY use your experience in the company if you are promoted to a NEW position which has job duties that are at least 50% different from the current job duties. It doesn't matter if the job duties back when you got hired were different. The job would have to be 50% different from the CURRENT job.

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Your employer should be addressing these questions to his attorney. You should not be involved in any of the decisions so what are you worried about?

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Hi t75. I don't agree with your statement. I think it's very important for the beneficiary to know how the GC is being processed. Ultimately it will affect only the beneficiary and no one else.

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Originally posted by h1bjinx:

Hi t75. I don't agree with your statement. I think it's very important for the beneficiary to know how the GC is being processed. Ultimately it will affect only the beneficiary and no one else.

The LC is the employer's responsibility. It defines a job opening, and has nothing to do with a person applying for that job, or trying to get a GC for that job.

That is the domain of the I-140.

The employee can not be involved in setting the job duties for the position. If the employee is involved, it can lead to an audit of the application, and possible subsequent denial. So, it is a really bad idea for the applicant to be involved in that.

The rules about the LC are pretty strict nowadays (partly due to abuse in years past...)

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In employered sponsored GCs there are significant potential problems when the employee is inappropriately involved. Many posters here are attempting to interject themselves or interfer in issues that MUST be delt with ONLY by the employer. If someone wants to UNDERSTAND the process, they can get the information they need from the USCIS website. IMO, the questions overstepped into the area that was problematic.

In addition, attorneys have the duty to properly represent their client; a breach of this duty can devastate their career. This can include the improper filings that are often requested by posters here who are attempting to get EB2 rather than EB3 processing times as well as failing to properly file. If an employer has selected an experienced firm, the employee needs to trust and let the process proceed without the illegal interference that so many attempt.

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