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joezz
12-12-2011, 02:43 AM
When I joined my current company, I didn't have my Master's degree. So the company was planning to file me under EB3(not filed yet). Now I have my Master's degree and I'll switch to a new role within the company, hoping to restart my GC progress and get filed under EB2 instead. The company has a policy that, in order to restart the PERM process, the new role must be more than 50% different from the old one. And my concern is whether my role change would qualify 50%+ role change.

The attorney sent me a worksheet to let me specify: 1. duties & percentage of time for both roles 2. whether the new role is a newly created position? If no, was the position previously filled?

My questions regarding the worksheet:
1. My old role is "Software Engineer", where I write programs to implement website features facing website end users. My new role is "Platform Engineer", where I write programs to maintain the website's internal infrastructure. Both position involves programming, but since they're for completely different purposes, would they be considered different?

2. How is 50%+ difference calculated? If the old role is 80% programming plus 20% talking to PMs, and the new role is 40% programming plus 60% maintaining databases, what's the percentage of difference? Is it 60%(since they have at most 40% similarities, in programming)?

3. For the worksheet question "whether the new role is a newly created position? If no, was the position previously filled?", what impact would each answer have on my case?

Thanks!

pd2010india
12-12-2011, 01:38 PM
Please treat below as a suggestion and not a legal advice. Just telling what has worked in similar cases.

The job duties should not overlap more than 50%.
For ex if you worked on A, B, C,D each 25% on old position
Now, on the new position you still have A and B, it does not matter if now they are only 10%, this is termed as an overlap.
I would recommend to split your duties further (make it more granular)and i am sure that if the 2 roles are really different you will have <50% overlap. Or in other words the new role might have >55% new duties as compared to old one

Hope this helps. All the best.

joezz
12-12-2011, 02:20 PM
Please treat below as a suggestion and not a legal advice. Just telling what has worked in similar cases.

The job duties should not overlap more than 50%.
For ex if you worked on A, B, C,D each 25% on old position
Now, on the new position you still have A and B, it does not matter if now they are only 10%, this is termed as an overlap.
I would recommend to split your duties further (make it more granular)and i am sure that if the 2 roles are really different you will have <50% overlap. Or in other words the new role might have >55% new duties as compared to old one

Hope this helps. All the best.
Thanks for your reply. Do you have any URL of articles or other forum discussions about overlap calculation?

In more detail, my situation is like:
old job:
80% software development
20% project management

new job:
40% software development
0% project management
40% database management
20% network administration

So you mean the overlap of two jobs is 80%, rather than 40%?

pd2010india
12-12-2011, 04:41 PM
Sorry, no reference/url for this.

Although in your example, the new duties added by moving to new role, namely "40% database management and 20% network administration" add up to 60%.
So, your old role and new role overlap is only 40% .
This should suffice the condition set-forth i.e. <50%.