Can future employment be different from current job title & duties for PERM filing?

[ns92]

Hello! I'm currently working for Employer A as a Data Scientist and PERM (filed in 2020) recently got denied due to the issues with the recruitment results evaluation. I don't have an approved I-140 and have 20 months left on my H-1B 6y limit. My current employer is not willing to file another PERM until early next year.

I'm in discussions with a legit potential employer B who is willing to file PERM for me as future employment. I'm planning to join them once my PERM is approved or once I secure a well-paying contract opportunity. However, their attorney is advising me to go with an existing prevailing wage and job ads that they ran for 'Programmer Analyst' role which is substantially different from my current job duties (maybe ~10% match). By doing this, we can save around 1y year and directly file PERM. However, I'm not sure if this is okay and if there are chances for approval. I appreciate you taking time to read this. Please provide me some guidance. Thank you.

[RichardGravener]

Hello! I'm currently working for Employer A as a Data Scientist and PERM (filed in 2020) recently got denied due to the issues with the recruitment results evaluation. I don't have an approved I-140 and have 20 months left on my H-1B 6y limit. My current employer is not willing to file another PERM until early next year.

I'm in discussions with a legit potential employer B who is willing to file PERM for me as future employment. I'm planning to join them once my PERM is approved or once I secure a well-paying contract opportunity at uitzendbureau amersfoort. However, their attorney is advising me to go with an existing prevailing wage and job ads that they ran for 'Programmer Analyst' role which is substantially different from my current job duties (maybe ~10% match). By doing this, we can save around 1y year and directly file PERM. However, I'm not sure if this is okay and if there are chances for approval. I appreciate you taking time to read this. Please provide me some guidance. Thank you.

Using an existing prevailing wage and job ads for a "Programmer Analyst" role that doesn't closely match your current Data Scientist duties could be risky. The Department of Labor may question the mismatch in job duties, which could lead to a denial. It's safer to have Employer B file a PERM specifically for the Data Scientist role that accurately reflects your duties. While using the existing role may save time, it could result in issues during the approval process. Consulting with an experienced immigration attorney is crucial to ensure your filing aligns with the requirements.

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I couldn't agree with you more. Thanks for sharing your opinion.