New postition in the same company

[RNM]

My 485 is still pending in TSC (RD 04/17/02). I am still with the same company that sponsored my Labor, I-140 and I-485. Recently a new position opened up in my company with a bit different Job desc (requires design and analysis with minimal coding) and different title from my current job description (requires coding with minimal analysis). I am thinking of applying for this position.

My question is will this new Job Desc and new Title create a problem in 485 approval if I accept this new position and get an RFE for Employment verification.

Does the adjuticating officer matches the current Job Desc and Title against the desc and title from the approved Labor certificate? The Job desc does matter for AC-21 but in my case th enew position isin the same company.

Thanks..

 

[dsatish]

To the best of my knowledge, AC21 allows career progression (change of title, responsibilities) within the same company.

 

[hpd123]

DSatish,
AC21 allows for career progression and changes in responsibility and titles within the same company. Changes in responsibilities automatically changes the job description. So for example, if you happen to work in the R&D department of a company and you decide to progress your career by aplying for job in Finance or marketing within the same company that changes your entire job description and hence invalidates your pending I485.
Is my understanding corect? Thanks. hpd

 

[dsatish]

hpd123,
You can not change your field even within your sponsoring company. If you cahnge the field, then your company has to a new LC/I140 for you. If you just got promoted within your field, that is acceptable.

 

[rajum]

Originally posted by dsatish
To the best of my knowledge, AC21 allows career progression (change of title, responsibilities) within the same company.

dsatish,
Are you sure about career progression ? To me your assertion runs against our law suit where we argued that our careers is getting stagnated.
One can change the job in the same or similar occupation title.

RNM,
As far as I know...it does not matter if it is some kind of cosmetic one...like from Programmer to Senior Programmer ...but from Programmer to manager it might matter.. because that would mean your underlying labor job description has been changed...


-rajum