Job Promotion

T

thendal

New Member
My current Job title is Programmer. I have an approved I-140 and my I-485 application(PD:Sep 2004, EB3I) is pending for more than 180 days. I got my EAD during the July 2007 fiasco. But I did not renew my EAD as i had a valid H1B. My current H1B is going to expire on June 2010.

I will be promoted either as a Manager or as a Architect in next month or so. Both positions will carry the Job description as noted in my I-140 but added responsibility like to manage programmers, lead projects.

My question is If I accept the promotion? Will i be able to do the H1B extension in June 2010.

The reason i want to keep my H1B is I got married after the July 2007 fiasco so my wife is not added to the 485 application.

Please advise. I really appreciate your response.

Kind Regards,
 
You could switch to EAD and continue the green card processing based on the AC21 "same or similar" provision, but that would mean your wife would lose H4 status.

To keep H1B status, you will immediately need a new H1B filed to reflect the new job, because for the H1B USCIS is strict about staying within the stated job responsibilities. That is because if they are not strict about it, employers would take advantage of the situation to circumvent the prevailing wage rules. For example, they could file a visa for a database programmer, with a $60K salary (for example) but then have the person do the job of a senior DBA ... whereas if the visa was for a senior DBA they would have to pay the senior DBA salary of $90K.

So if you want to keep H1B status, don't take the promotion until and unless the company is willing to file a new H1B to reflect the new job. When you file an H1B extension, it doesn't have to be for the same job or the same type of job.
 
hi jackolantern,
I am in a similar situation. Just got a promotion with different title and more responsibilities. My current H1 is expiring on feb 2010 and my lawyer has filed for extension. The lawyer is fully aware of the new title and new responsibilities. Does this mean my extension is not valid? I have EAD too but want to continue using H1
 
Once the extension has been filed, you can immediately start working in the new position, provided the extension application has the relevant details of the new position. I presume the lawyer would have already taken the details of the new position into account when filing the extension.

The OP's problem is different in that it seems like he would be taking the promotion next month without filing the extension until June 2010.
 
Thanks jackolantern..
yes, the lawyer had the new position details on hand when he filed for extension. (btw, this is my 2nd extension, never even dreamed that i will have to get 2nd extension on H1 while wiating for GC).
Also, i am working in the same company, so do i have to file for AC21 related to the promotion?


Jackolantern said:
Once the extension has been filed, you can immediately start working in the new position, provided the extension application has the relevant details of the new position. I presume the lawyer would have already taken the details of the new position into account when filing the extension.

The OP's problem is different in that it seems like he would be taking the promotion next month without filing the extension until June 2010.
Click to expand...
 
Sending AC21 documentation to USCIS would be for the purpose of protecting yourself in case the employer asks to revoke the I-140. They're not going to do that while you're still employed with them, so there is no need to file any AC21 paperwork for the promotion.
 
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