Becoming Manager using AC21

[StiWaitingforGC]

Hi there,

I have been with the same company since I filed for my greencard. I filed my 485 in July 2007. 6 months after the filing, I moved to the office in a different state using AC21 (still same company). [Company lawyers had filed AC21 on my behalf].

I am doing similar work as in my labor cert, however the workload has increased and we are hiring junior analysts for help. My boss wants them to report to me. However, my company's immigration attorney is saying that since the job description on my labor approval does not list managing people, taking on managerial duties will be considered a substantial change. Lawyer is recommending against this change or recommending filing for a new labor.

My question is, can I use AC21 for this? What are the risks involved if any? If I choose to use AC21, what all things I should get clarified with my HR?

I will really appreciate your feedback.

Thanks in advance

Regards.

 

[ginnu]

Hi there,

I have been with the same company since I filed for my greencard. I filed my 485 in July 2007. 6 months after the filing, I moved to the office in a different state using AC21 (still same company). [Company lawyers had filed AC21 on my behalf].

I am doing similar work as in my labor cert, however the workload has increased and we are hiring junior analysts for help. My boss wants them to report to me.

However, my company's immigration attorney is saying that since the job description on my labor approval does not list managing people, taking on managerial duties will be considered a substantial change. Lawyer is recommending against this change or recommending filing for a new labor.
----------------------company immigration attorney is correct.

My question is, can I use AC21 for this?
------------------------ your job duties dont remain the same/similar as listed on LC. for AC21 you need same/similar job duties.

What are the risks involved if any? If I choose to use AC21, what all things I should get clarified with my HR?

I will really appreciate your feedback.

Thanks in advance

Regards.

---------- Go according to your compant lawyer.