Can you get promoted when I140/I485 is pending?

A

abouttime

Registered Users (C)
I filed my I-140/I-485 application (concurrent) earlier this year and I got promoted a few months after that (from Software Engineer I to II).

* Does this affect the process in anyway?
* Do I need to file any additional forms, etc?

Thanks.
 
You should(may) be fine

Technically it might be a problem.

But since your I-140/I-485 have been filed, assuming you won't get an RFE at any stage, you should be fine.

In case you get an RFE on I-485, and you are with the same employer, you just need to ensure that they give you a letter which specifies your job description same/similar in you labor.

Not a lawyer's advice, but I think you should be fine.

Thanks,
 
My job profile is the same, I do the exact same thing as I did before. Just got promoted 1 level.

Rasmeek,
You said "No" and referred me to point #3 which seems to indicate that one should not get promoted. However, what is not clear is - if one should not get promoted only when labor certification is pending or even after that.
 
Even after that.....Till you get I-485 approved.

Originally posted by abouttime
My job profile is the same, I do the exact same thing as I did before. Just got promoted 1 level.

Rasmeek,
You said "No" and referred me to point #3 which seems to indicate that one should not get promoted. However, what is not clear is - if one should not get promoted only when labor certification is pending or even after that.
Click to expand...
 
I don't think promotions that involve progressive title change (e.g. from grade I to II or to Senior level) with increasing job responsibilities cause a problem for EB GC process. The key is to continue to have at least the same job description as in LC, more responsibilities are OK.

Changes from staff level to managerial level does constitute a material change and will require a new LC.
 
Need help

HI usnycus,
My company filed loss in 2003, If I file I140 this month....is there any posibility my I140 get denied.
confused....please reply
thanks
gcmd75
 
gcmd75

Loss (or profit) is not that important. Most of the dot com like Yahoo or E-bay were running at loss for many years and I know many people personally who got their GC through them.

If your company is generating income and they can show that they are able to pay the prevailing wage, 140 should be fine.
 
Make sure that your job description in Emplyment letter is the same as in LC otherwise it will be a problem. Technically any change from LC, you need to file a new LC.
 
If you are being promoted from Grade 1 to grade 2 in the same position, Can you take advantage of the AC21 act ???



Tks
 
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