NIW self petition, later withdrawn and RFE on company sponsored I140

[adk999 0]

I have an approved I140 and used it to to change employers. My new employer did not file GC initially and said that they have stopped all GC processing.

 

Since the new company initially stopped all GC filing, I filed for a NIW self-petition. The title I used was 'Vice President – Technology Project Management' because that was my role.

 

A few months later, my company filed for EB2 regular and so I withdrew my NIW petition. The title in EB2 was 'Business analyst lead'. Wages and duties are same on both petitions.

 

I got a RFE on the company petition saying – 'Explain the title discrepancy'

 

Q) Is it serious cause for concern? BA & Project management duties are similar & my bank title is indeed Vice president. 
Q) Should RFE explanation mention SOC code when they have not asked for it?
Q) Is it better to withdraw everything and go back to previous employer?
Q) If I withdraw I140 petition after RFE, will there be heavy scrutiny and issues on all future applications?

 

[CEE53147 559]

On 11/2/2017 at 11:01 AM, adk999 said:

I have an approved I140 and used it to to change employers. My new employer did not file GC initially and said that they have stopped all GC processing.

 

Since the new company initially stopped all GC filing, I filed for a NIW self-petition. The title I used was 'Vice President – Technology Project Management' because that was my role.

 

A few months later, my company filed for EB2 regular and so I withdrew my NIW petition. The title in EB2 was 'Business analyst lead'. Wages and duties are same on both petitions.

 

I got a RFE on the company petition saying – 'Explain the title discrepancy'

 

Q) Is it serious cause for concern? BA & Project management duties are similar & my bank title is indeed Vice president. 
Q) Should RFE explanation mention SOC code when they have not asked for it?
Q) Is it better to withdraw everything and go back to previous employer?
Q) If I withdraw I140 petition after RFE, will there be heavy scrutiny and issues on all future applications?

 

 

What was the title on company's job description on the position you hold?  The titles are certainly not the same. You appear to have exaggerated your credentials.