Need some clarification

haoyun04

Registered Users (C)
Hi
It seems that EB3 still have a long way to go due to no visa available.. I was wondering how long do we need to suffer...

I am currently on H1B, and I have been working on the same position for 5 years (same as the H1B and LC position). LC was approved in Oct 2003. H1B still has 1 year left. I-140 was approved in 2004. I-485 is pending. I am currently on EAD since I used the AP this year. I am thinking to talk with my boss for a promotion, which had additional duties such as supervising a small team as well as the existing responsibilities mentioned in H1B and LC. But the title is different.

Can some one tell me
(1) whether the potential promption will impact/jeopardize my green card application at the last stage?
(2) if it is an option, what need to be done for my H1B and LC or I-485

Thank you for your inputs!
 
Opinion

haoyun04,

I believe you should consult a lawyer regarding this. My personal opinion is that you will be okay if an RFE regarding job verification is not issued against your 485. If an RFE is issued and they ask for your salary and job function then it may get complicated. A lot depends on the officer working on your case. The safest thing would be to wait it out. I know its painful but this should pay of in the long term. Again this is my personal opinion, you should probably seek professional advice before taking any step.

regards,

saras
 
Yeah - better consult with your lawyer first...

When I worked at the company that sponsored my H1B and GC, I got a quite big raise after my I-140 was approved. As long as the company does not report it, you are fine. Good thing - my company did not report it and even when I left the company during 485. Now my 7 year wait ended, with no RFE on employment.
 
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