I am working for a computer software company since 2001 and my Green Card (Labor Certification) with EB2 was filed in april 2002. My permanent LC application has gone through a recruiting process approved from state labor (SWA) in September 2004 and it was sent to the federal labor. Later it was moved to Philadelphia Backlog Center for processing. I have been working for the same company and the same job for 5 years. I have got one 7th year H1B extention. Now I am planning to get a promotion to a new job in the same company, same group and same technology and in the same job family. How does it affect my green card process? Do I need new LC? Is there any other way? How does is affect my next H1B extension until I get my EAD?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Job change in same company during GC processing
- Thread starter googleone
- Start date
Remember the GC is for future job only
You have to remember that all of GC applications and GCs them selves are for future jobs i,e jobs available when you get a green card. So it doesn't matter what ever job or location you are in right now as long as there is a job for you when your GC is approved. I am not sure how INS can verify whether you are in the same job/location or not.
I my self am contemplating place change/job change within company. Two different attorneys from company lawyers group gave me two different answers. One attorney said that I have to refile my LC another one said that what I have said above. Actually refiling LC doesn't make sense because it is actually for future job but it assumes you are going to again change your current position to what ever is in LC.
Coming to reality people do change jobs within company , get promotions etc but I haven't seen anybody change locations. That actually makes me hesitant about my decision to change locations. Also all of this is possible only when you have strong manager backing and Attorneys consent ( who on earth will stay in the same job for 5 yrs it is simply ridiculous!!) to fend off any unforeseen problems.
I strongly suggest you talk to your manager and attorney before taking any action or you have to wait until you can invoke AC21 after filing for I485.
googleone said:I am working for a computer software company since 2001 and my Green Card (Labor Certification) with EB2 was filed in april 2002. My permanent LC application has gone through a recruiting process approved from state labor (SWA) in September 2004 and it was sent to the federal labor. Later it was moved to Philadelphia Backlog Center for processing. I have been working for the same company and the same job for 5 years. I have got one 7th year H1B extention. Now I am planning to get a promotion to a new job in the same company, same group and same technology and in the same job family. How does it affect my green card process? Do I need new LC? Is there any other way? How does is affect my next H1B extension until I get my EAD?
You have to remember that all of GC applications and GCs them selves are for future jobs i,e jobs available when you get a green card. So it doesn't matter what ever job or location you are in right now as long as there is a job for you when your GC is approved. I am not sure how INS can verify whether you are in the same job/location or not.
I my self am contemplating place change/job change within company. Two different attorneys from company lawyers group gave me two different answers. One attorney said that I have to refile my LC another one said that what I have said above. Actually refiling LC doesn't make sense because it is actually for future job but it assumes you are going to again change your current position to what ever is in LC.
Coming to reality people do change jobs within company , get promotions etc but I haven't seen anybody change locations. That actually makes me hesitant about my decision to change locations. Also all of this is possible only when you have strong manager backing and Attorneys consent ( who on earth will stay in the same job for 5 yrs it is simply ridiculous!!) to fend off any unforeseen problems.
I strongly suggest you talk to your manager and attorney before taking any action or you have to wait until you can invoke AC21 after filing for I485.