| Q. |
question regarding Job Title and responsibilities
Hi lawyers,
I have a question regarding Job Title and responsibilities when I switch to another employer after 180 days of filing I-485.
1.9089 Form
In 9089 form under section F (3) it is written as Computer Software Engineer with SOC/O*NET (OES) code 15-1031.00 and under section H (3) it is written as Programmer Analyst and job duties are under section H (11)
2.Approved 9089 certificate
In Approved 9089 certificate, occupation is written as Computer Software Engineer with code 15-1031.00
With what Job title I can switch my employer (confused between Computer Software Engineer and Programmer Analyst)
Thanks,
JD
User's Location:
Okemos, Michigan, United States of America
Category:
Employment-based Green Card
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| A. |
Law requires: "same or a similar occupational classification" No interpreting regulations have been promulgated.
May 2005 memo provides limited guidance:
When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Computer Software Engineer and Programmer Analyst are likely to be considered sufficiently "similar" to port. |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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