GC subject to promotion

W

Wait4thecard

Registered Users (C)
Hi,

My company applied for my GC in EB2 category. They filed my I-485 several months ago. They told me that the PERM was filed as a "Senior Associate" rather than an "Associate" which is my current job level. I have not read the PERM Approval or saved a copy of it, so I can't verify exactly what was written in the application. They said that I need to promote to the Senior Associate level to get the card. My promotion time is in 5 months (this is a consulting company and they have set dates for promotions). What happens if my I-485 is approved before the promotion or what happens if I can not get the promotion at all?

In terms of jobs being done the only difference between an Associate and Senior Associate is that Senior Associate manages people. The work is pretty much the same. I currently do the tasks of a Senior Associate all the time (due to my good performance as an associate), but have not been promoted yet since I am waiting for the official date and performance appraisal.

What do you think will happen to me and what can I do in the meantime?
 
GC is for future employment. Means, you and your company agreed that after approval of the GC, you would be working the company as Senior Associate. There is no problem you working as Associate while 485 pending.
 
How much time do you think I have before I start working as a senior if my approval comes early? is it 1 month or 1 day? What will the company say to USCIS about my current situation? I feel like there is some gap here that may result in me losing the GC as soon as it is approved before the promotion.
 
Its the company that already proved USCIS that it had the requirement of Senior Associate, no one is available locally and you are the person who could take up the job (Labor and I140).

The time gap is subjective and you don't need to worry about losing the GC.
 
Thanks FunLover2000. You have been great help.

If I can not get promoted at all, but my approval comes, does GC become effective (valid) only when the company states that this person is a Senior? What happens if the company says that the person is still an Associate? or I change my job after 180 days from my I-485 application and get a job as a senior associate in a similar company? I am assuming at that time I should be able to keep the GC, right?
 
Once GC is approved, you are good. You can always show that you have good faith that you take up the job of Senior Associate at the time of applying I-485. Hence, if GC is approved, you are good and you can ask the company that you will join them as Senior Associate. If they deny, its their problem of breaking the rule.

If you want to switch jobs, its safer if your I-140 is approved and 180 days of applying I-485 (AC-21). Onus is on you to prove that the new job is same/similar to the one thats described in your LCA.
 
Another question just came up to my mind... how about EVL request from USCIS? If I am an associate at the time of approval what will my employer say in the letter? Isn't that important for the approval?
 
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