Change in Title and Salary with 485 Pending

[GreenKhwaared]

I am currently on H1-B with an approved labor (EB-2) and an approved I-140. I am waiting for my I-485 approval (filed about 3 months ago). There is a position posted by my company that is a grade higher than mine, and is also in a higher income bracket. If I apply for that position and get the offer, I'll technically remain with the firm that sponsored my I-485, but the title and salary would be of a higher income bracket than what was approved under labor and I-140.

Q1. Can I obtain that new position and still use my approved I-140 and pending 485?

Q2. If the answer is no, then does it mean that I'll lose my labor/140/485 even if I get promoted to the next level with a higher title and income level?

Thanks!

 

[jawee77]

As long as your promotion is a natural progression meaning a vertical promtion within the same department..... you shouldn't have any problems. I am in the same situation and checked with my lawyer and also from another lawyer and they both said that natural progression wouldn't have any effect on your GC. Again, you need to check with your lawyer too before you can make any call on this.

I am currently on H1-B with an approved labor (EB-2) and an approved I-140. I am waiting for my I-485 approval (filed about 3 months ago). There is a position posted by my company that is a grade higher than mine, and is also in a higher income bracket. If I apply for that position and get the offer, I'll technically remain with the firm that sponsored my I-485, but the title and salary would be of a higher income bracket than what was approved under labor and I-140.

Q1. Can I obtain that new position and still use my approved I-140 and pending 485?

Q2. If the answer is no, then does it mean that I'll lose my labor/140/485 even if I get promoted to the next level with a higher title and income level?

Thanks!

 

[immiq]

I am currently on H1-B with an approved labor (EB-2) and an approved I-140. I am waiting for my I-485 approval (filed about 3 months ago). There is a position posted by my company that is a grade higher than mine, and is also in a higher income bracket. If I apply for that position and get the offer, I'll technically remain with the firm that sponsored my I-485, but the title and salary would be of a higher income bracket than what was approved under labor and I-140.

Q1. Can I obtain that new position and still use my approved I-140 and pending 485?

Q2. If the answer is no, then does it mean that I'll lose my labor/140/485 even if I get promoted to the next level with a higher title and income level?

Thanks!

Why don’t you get it if your I-485 has passed 180 days?