AC21 and promotion

P

pudding

New Member
Hi,

My I-485 ND is October 2002. My I-140 was based on a "Research Engineer" job description. I have now been offered a promotion to a "Research Manager" at the same company/department. Does anyone have any experience of successfully invoking the portability clause for this type of a promotion? Basic question: Should I take the new position or refuse it and stay at my current position and wait till the approval ?

Thanks,
pudding.
 
Portability is not applicable to this case - portability is about having the "similar" job duties at "another" company. You have "different" job duties at "same" company.

You can probably take the promotion - just make sure that your new job description includes the previous job description, as well as 1-2 lines about management. In any case, if u get EVL RFE, as you have not changed jobs - CIS will most probably not ask for new job desc - just confirmation that u are still employed with sponsor. You can respond to that with a letter from your employer like "This is to confirm that xyz is still employed with our company in dept..... and his duties still include....." without mentioning job title.

Goodluck!

-ab
 
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