Internal Transfer with I-140 approved


TT0809

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I have an approved I-140 with my initial job with my employer, and I changed to another position at the same location and the same employer while waiting for the PD to be current. I thought I would need to refile my PERM initially, but now my PD is current and my firm lawyer said I can file I-485 since the job duties are similar and both are coded to the same OES code.  I looked through both H1B filings for my initial job and the new position, the SOC codes are slightly different (the last two digits are different, one is for accountant and the new one is for a financial analyst) but in the same category  (13-2000). In addition, the job duties look different too based on H1B filings. My new position is more specialized, but technically still match the I-140 job descriptions since it is broader. I asked my firm lawyer about the SOC codes and job duties on H1b filings, but they said its fine since the job duties are similar and the SOC codes are linked.

Should I worry about it? My worry is if the immigration officer compares two H1B filings, he may find two job duties look pretty different through.  In addition, I have a different title and not exactly the same SOC code. I thought the "similar job" rule only applies to someone with I-485 pending over 180 days and couldn't find more information that's applicable to my case. Appreciate your help! 

 

Edited by TT0809
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