HIB, GC, Promotion

[supergreen]

Hi All,

Please share your experience. This is quite urgent. My H1B(8+ year) is expiring, and my company is willing to file H1B with Engg manager role. My previous H1B or extension was files for software engineer. My GC(EB2) is filed as Software engineer, with PD as Jan 2006.

Questions
1) Now is it ok to file H1B with new title? What if H1B gets rejected?
2) How does this title change affect GC? Can the GC be cancelled because the title has changed or H1B gets rejected? The engg manager role is similar to software engneer role, except people responsiblities.
3) If the H1B gets accepted, then is there still a danger to GC? Do they verify GC papers before approving H1B?

Thank you, Raja

 

[Jackolantern]

1) Yes as far as the H1B is concerned. But it might affect the GC.
2) Manager might be too different from software engineer to qualify for AC21. I don't know how USCIS will decide it, as I haven't seen both job descriptions and I don't know how the USCIS adjudicator will perceive the difference. Yours is a real gray-area case.
3)

Do they verify GC papers before approving H1B?

I don't think so, but I know they sometimes review H1B papers when deciding the GC.