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Title in LCA and job/responsibilities don't match

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Hi Friends,

I got some questions/concerns. Hope you will help.

I work in an indian IT company. I came to USA 3 times.Two times on L1 in past and this time on H1.First 2 times I worked as JAVA J2EE developer that matched the title and responsibilities in LCA. This time again I had Programmer in LCA while I am actually working in App support & operations and title and duties mentioned in LCA and job description nothing at all match. Its been 2 years and last year my H1 extension was filed and just a month back I got approval and this extension also has role and duties as per Programmer.

Now my questions are:

1- If I want to switch the job as per work I do  -- in app support & operations while my current LCA title and duties don't match, will this mismatch impact anything?

Will new employer ask for current LCA and/or petition? Or when new employer transfers H1B (new H1 actually), will correct/new role and responsibilities impact my H1 process with new employer? Will USCIS get to know old and current title and mismatch and can reject H1 with new employer?

2- If I ask my current company to file an amendment to match the role and duties, and if they file it, are there any risks in view of extension approval I got recently (a month back)? mean in worst case, they can only reject amendment (and I can continue working) or can they reject extension approval too?

3- Can current company deny filing amendment for any reason? may be salary?

There has been a hotch-potch going on and I really need the easiest way to get rid of this all.

Thank you in advance for helping me to get out of this trouble.
asked Apr 22, 2016 in H1B Visa by neerajuk (120 points)

1 Answer

0 votes
1. This wont impact when you change employer. The new employer will file a new LCA. The new employer will include your experience when filing the LCA but they wont use your previous company LCA. They will list your experience to make your case strong. Previous LCA is not required.

2. Why the need to file amendment.  Unless there is a strong disconnect between you role and duties listed in LCA there is no need to file amendment. With DOL job titles it doesnt matter what your role is, it should be from same field. You can have same job title but still work on different technologies. Check with DOL website in which job title category you fall  in.

3. Depends on the company. Unless there a strong case to file for amendment they wont file one.
answered Apr 22, 2016 by p4v4 (1,340 points)
edited Apr 22, 2016 by p4v4
Thanks p4v4 for your response that cleared a lot of things --

Regarding point 2 -- I think its strong disconnect. In LCA the role is programmer and duties are like requirements design development unit testing etc..and actual work is app support and operations and duties are like build new servers (installation, application migration), working on application outage etc...

My apprehension is that if company agrees to file amendment, can USCIS reject my whole case including my current extension too, due to the mismatch?
If USCIS don't bother about what I have now and at the most can reject amendment only not the approval, I think it would be safe. Otherwise its a big risk.

What you say about this?

Thanks a lot for your help !!
Basically you should be working and alteast getting paid on what is listed in your LCA. It doesn't have to 100% same but should be similar.For example -  Software engineer( Developer, Programmer, QA,  designer) and Tech support require different skillset and need different LCA.
If the company agrees to file amendment most probably USCIS won't reject your case.  Amendment will also be your extension. Since they will be filing extension with a new job title it should be fine. USCIS wont consider your previous LCA when giving you extension.  They will only look if your skillset matches the job requirement.
Since you from software background it will probably match.



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