Any relation between H1 position/requirements and PERM position/requirements?

[hary536]

Folks,

If in my H1 supporting letter, it was mentioned that for my H1B position, the requirements is a Bachelors degree in Engineering. With same position and title, while filing PERM, attorney is shooting for EB2, with company saying requirement as MS + 2 years. Attorney hasn't said, there is any issue. But I thought of asking the community.

I don't know why attorney had insisted on mentioning Bachelors only in H1B even though company had said MS required. Attorney had given the reasoning that time that according to FLCdata center the Level 1 requirement for Systems Analyst is Bachelors degree, so you can require for masters degree, but I had seen so many friends' cases where MS was required.

In any case, what do you think in my case about PERM now considering H1B background?

[bjain]

Hary536,

If you ask any immigration attorney he/she will say your H1b has nothing to do with GC since GC is for future employment but off late USCIS is asking for Employer- Employee relationship document at 140 stage, so if you receive a RFE something at this stage then its a problem although laws state USCIS cannot question a labor certified by DOL.

I am also in same situation where in my approved H1b has different profile while my GC is being filed as something else, my attorney says to be on safer side lets amend H1b to match the same profile as that to GC which i am not ready to buy.

Can any one else share some light on this.

Thanks

[hary536]

Hary536,

If you ask any immigration attorney he/she will say your H1b has nothing to do with GC since GC is for future employment but off late USCIS is asking for Employer- Employee relationship document at 140 stage, so if you receive a RFE something at this stage then its a problem although laws state USCIS cannot question a labor certified by DOL.

I am also in same situation where in my approved H1b has different profile while my GC is being filed as something else, my attorney says to be on safer side lets amend H1b to match the same profile as that to GC which i am not ready to buy.

Can any one else share some light on this.

Thanks

Thanks, in my case, I am not a consultant, but with a small american company since last 6 years. But my job profile is expected to change from more software side to hardware side in future after GC, hence the difference in title/duties. But the problem with amendment at this stage is that, I assume that the prevailing wage and company's salary obligation also changes with the amendment and in my case, it can be a significant difference, may be 10k to 20k difference between current position and new position. But the issue is that I am not going to work o n new position at present, so why the company has to pay me such a high salary at this stage or file amendment when my current duties haven't changed. It's very confusing and the laws don't make sense so many times.

[hary536]

Hary536,

If you ask any immigration attorney he/she will say your H1b has nothing to do with GC since GC is for future employment but off late USCIS is asking for Employer- Employee relationship document at 140 stage, so if you receive a RFE something at this stage then its a problem although laws state USCIS cannot question a labor certified by DOL.

I am also in same situation where in my approved H1b has different profile while my GC is being filed as something else, my attorney says to be on safer side lets amend H1b to match the same profile as that to GC which i am not ready to buy.

Can any one else share some light on this.

Thanks

bjain, I talked with my attorney, and I was told that GC and H1B are two different things, so the positions can be completely different. In my case, the difference is going to be future hardware duties and current software duties. So basically two different titles/fields. So they didn't mention about any amendment.

[bjain]

Thanks for the info