Accepting Promotion with salary Hike after I140 approval

B

beam2006

Registered Users (C)
Hello!!

My I-140 approved and I am "on hold" for I-485 due to quota issue.
I may get promoted during next couple of months. The new role has similar job activites as current one. But it is a Manager position. If I accept the promotion(with a small hike in salary), will this have any impact on 485 application and overall GC process?

Thanks
 
Unfornutaly yes, unless your company is ready to give you a letter, saying that you are still in a position and job-duties as mentioned in the labor.
 
I believe it should not have any effect. This means no H1 B can even accept promotion while working for the same employer. Though I am not a lawyer, the current application should be continued for processing as is.There is one person in my office who has risen in position to a supervisor/manager and the greencard application has had no effect.

Why would we provide more info and invite complications if any when one is working for the same employer and the same department.
 
You would be taking a risk like of getting audit like you would in any process. It is the same idea of not complying with tax laws - chances are you would not get audited, but if you do, you would be in deep s*.
The whole idea behind our agony is that our whole GC process is tailored to 'same or similar job' until GC is approved.


BrainDrain said:
I believe it should not have any effect. This means no H1 B can even accept promotion while working for the same employer. Though I am not a lawyer, the current application should be continued for processing as is.There is one person in my office who has risen in position to a supervisor/manager and the greencard application has had no effect.

Why would we provide more info and invite complications if any when one is working for the same employer and the same department.
Click to expand...
 
For the green card, job duties are what matter, not job titles.

Look at the DOT job code that was on your labor certification. Then look at the description of the duties for that job code (available at this site: http://www.occupationalinfo.org/cat_div1_0.html ). Then check whether the duties of the promoted job fits within the same description.

However, H-1B is another matter. You probably will have to file an amended petition.
 
Unfortunately, Yes. Iam in the same boat and checked this with my lawyer and company. You have to ammend ur H-1 to reflect this change and whenever the PD becomes current step down to original position and file I-485,wait for 6 months,get EAD and step up by filing I-9 which is using EAD. Right now this is the only way!

Good luck. Do not stymie ur growth bcoz of stupid laws. March ahead!
 
How about using EAD?
How about AC21?
Am I missing something here? The guy has an approved I-140 and if his I-485 has been pending for more than 180 days, he can use these.

Correct me if I am wrong.
 
Hi all,

I have asked my lawyer this same question before.
Legally speaking, unless you have already reached EAD stage, if you get a change in job description (whether thru promotion or demotion), your current GC processing is void (because a specific job was stated in the documents).
But this is only if USCIS is aware of your job change so my guess is that as long as no one goes and inform USCIS about your promotion, you are fine. Just keep a low profile. :)
 
I'm in the same situation. although in my case its from senior to principle engg.
What if the Employer agrees to file new labor and new 140 with changed job title. That way I can get onto a faster train (EB2) as well. Are there any issues in doing this as far as USCIS and immigration rules are concerned ?
 
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