I140 Review - H1B LCA Role Amendment Changes and its Impact

[marnv0]

I have few questions with regard to a possible change in my H1b LCA Role and its impact to my Green Card Processing which is in I140 Review. 

 

Scenario: My current H1b LCA Role is Software Architect [sOC: 15-1132], Applied Green card PERM for Software Architect [sOC: 15-1132] and Certified. Due to changes in the Business Organization all Architect Roles are now Mapped to Consultant [sOC: 15-1199] Roles. My company Immigration team is suggesting me to Raise an Amendment to change the LCA to Reflect current role mapping.

 

Could you please help me understand the impact that the new Amendment would cause my Green Card I140 Process and subsequent processes there after.

1. Impact during I 140 Stage.

2. Impact during H1b Extensions once I140 is approved [On what Based USCIS would approve H1B? New LCA based on the Role and Location, or my Approved PERM Role]

3. Would it force us to go through PERM Process once again due to these Role changes?

4. Its Impact on I485 Application.

 

Should I pursue the option to go ahead with H1b Amendment or Request to Change my Internal mapping back to Software Architect roles

[Attorney_15]

The question here is largely one of whether the company will commit to employing the worker in the job on the PERM regardless of how it was classified by the DOL. If it will not or cannot then a new PERM is necessary.

[marnv0]

My Company would commit to the employing me, If I proceed with the Amendment with New Role, at the time of my H1b Extension beyond 6 year limit, which Role/Position/Prevailing wages should we consider ie. should this be based on the new Location LCA or already approved PERM please clarify