Help!!! Does a promotion impact my labor certification?

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CalvinX

Registered Users (C)
Hi,

I'm a Software Engineer and my company applied for my labor in Aug 2001 in NJ. That labor was for the position of Senior Software Engineer.

Now my company wants to promote me into the Senior Software Engineer position. Am I allowed to be promoted into a position for which my company has already petitioned INS? Or do I have to wait without a promotion for the next 2-3 years while my green card case progresses to closure? That would be ridiculous.

Can anyone help me on how companies handle employee promotions while green card is underway? Can they possibly promote me and still officially record me just as a software engineer, so INS does not ask questions or otherwise refuse my labor.

Thanks,
 
You are offering conflict information. If the labor is for Senior Software Engineer and you are only a Software Engineer, you won't be qualify without the promotion.
 
Here is my understanding..

My understanding is that when a company applies for someone's labor, it is for the NEXT position that the employee would be promoted into, not the person's current position. Also, the person MUST meet all the requirements for the next position, in terms of skills and experience.

So I don't see a problem that way because I'm already qualified for the Senior Software Engineer position in terms of skills and experience.

I don't already have to be a sernior software engineer in the company for my labor application as senior software engineer to be accepted. Am I wrong in my understanding? Otherwise it doesn't sound right, why would a company petition INS for a certain position for a person when the person is already occupying the same position in the company?
 
CalvinX

Company can apply for Next or current position.

Based on information you have given in this thread, promotion is not going to get you into any trouble. Labor was for the position of Senior Software Engineer and you are currently working as a Senior Software Engineer.
 
Thanks

It is good to know I can be promoted into the position for which my labor certification has been applied. Thanks for the clarification.
 
Promotion could be a big problem if that promotion is putting you in a job position which is higher then stated in LC application.
 
Nope that is not true in my case

The promotion is putting me exactly into the SAME position of Senior Software Engineer for which my company applied for my labor certification. They are NOT promoting me to a position HIGHER than the position in my labor application.
 
Re: Nope that is not true in my case

That's why I said before ...... "Based on information you have given in this thread, promotion is not going to get you into any trouble. Labor was for the position of Senior Software Engineer and you are currently working as a Senior Software Engineer."

Good Luck........



Originally posted by CalvinX
The promotion is putting me exactly into the SAME position of Senior Software Engineer for which my company applied for my labor certification. They are NOT promoting me to a position HIGHER than the position in my labor application.
Click to expand...
 
Hi,

I have a question and need your guidance. I had my annual performance review last week and found out that I am being promoted. Currently, my title is "Software Engineer" and the new title would be "Software Engineering Manager". Would this cause a problem as far as my I-140 and 484 are concerned? I believe that the Labor Certification application (currently at Philly DOL) stated my title as "Software Engineer". Most of the requirements/duties for the new position are the same as the ones for the old position. I read somewhere that this could make the LC invalid. Please advise......

Thanks in Advance...
***Va_June_2001***
 
I'd say that this type of promotion would very likely cause problems. There is not only a change in job title from that listed on the LC, there is also very likely a significant change in responsibilities.

It's not possible to say that the LC will not be approved any more than it is possible to unequivocally state that it will. This situation certainly needs to be discussed in detail with the attorney handling the case and the company. I'd consider refiling the LC.
 
Due to ignorance, How would INS know about this change?

Either you, your employer or attorney will do that honor.....If no-one says anything during the GC process, u might get away with this situation.
 
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