Do I really need to postpone job advertisement in my case?

[naida]

My employer started the green card process. The immigration lawyer, that my company works with, said that since the company fired a few engineers in January which had maybe one of their duties similar to one of mine, we have to wait until May-15 to start the job advertisement. All software engineers in all departments have titles Engineer 1, 2, 3 and so on. The software engineers that were fired had same title as mine but were from different departments.
My questions:
1 - Do we really need to wait a few months before starting the first stage at the green card which is job advertisment, if the company fired someone?
2 - If the asnwer to #1 is yes: though the fired engineers have same titles as mine and maybe one of their duties has some similarity with one of mine duties but all other 10 duties are different, does it still mean that we have same jobs? And therefore we I need to wait before advertizing the jobs since the goverment won't accept it?

Thanks

[thor_great]

Hi,

Seems that your case requires some detailed review, which sometimes officials do not provide. I guess the idea is to be on a safe side and don't waste time because your application can be with uscis for years and then rejected based on that layoffs. It's kind of random, sometimes officers don't care and od very formal and perfunctory review.

What I heard of in my company - it's the case when somebody has a layoff on a similar job that applications are rejected. For one colleague it was even worse- her application was suibmitted several month ago, then one american citizen has been layed off and after a week or two her application has been rejected by USCIS. Laywer said they need to wait 6 month before submitting a new one. So in result she loses about a year (

[FrancisJacobGreene]

My employer started the green card process. The immigration lawyer, that my company works with, said that since the company fired a few engineers in January which had maybe one of their duties similar to one of mine, we have to wait until May-15 to start the job advertisement. All software engineers in all departments have titles Engineer 1, 2, 3 and so on. The software engineers that were fired had same title as mine but were from different departments.
My questions:
1 - Do we really need to wait a few months before starting the first stage at the green card which is job advertisment, if the company fired someone?
2 - If the asnwer to #1 is yes: though the fired engineers have same titles as mine and maybe one of their duties has some similarity with one of mine duties but all other 10 duties are different, does it still mean that we have same jobs? And therefore we I need to wait before advertizing the jobs since the goverment won't accept it?

Thanks

It sounds like your company is correct in their interpretation. The fact that the laid-off workers have the same job title as yours is a deathblow. There's really no way to argue that two workers with the exact same job title aren't in the same occupation.