Position and salary change in 485

B

bankebihari123

Registered Users (C)
hi guys I have a question.I have to get and EVL from my company.During the past 2 years I have been promoted by one position and my salary has increased by 5%.
I am in 485 stage now for past 20 months approx.
WAC-020-70-xxxx
Is this going to create any problem during my GC approval.
 
Last edited by a moderator:
Congratulations! Shouldn't matter as long as your salary > LC salary & job responsibilities more or less ~ to that of now.
 
Originally posted by bankebihari123
hi guys I have a question.I have to get and EVL from my company.During the past 2 years I have been promoted by one position and my salary has increased by 5%.
I am in 485 stage now for past 20 months approx.
WAC-020-70-xxxx
Is this going to create any problem during my GC approval.
Click to expand...

Actually, it all depends on how much your job description has changed at the time of the promotion. A major change in the job description may have a significant impact on validity of the underlying Labor Certification, subsequently terminating I-140 and I-485.

The salary fluctuation is less relevant.

Actually, validity of LC is the major concern, which generally makes it impossible for an EB immigrant to accept a promotion.

You should consult your lawyer on this. Knowing details on your LC and current job description, s/he will advise you better than this forum.
 
hi bitterman
my previous position was senior software engg.
now the current position is principal software engg.

Job description is exactly the same....
 
banke

I have seen on LCA that its mention that which other job type are propotional. So if that comes in that range then i think it would be cool.
 
Originally posted by bankebihari123
hi bitterman
my previous position was senior software engg.
now the current position is principal software engg.

Job description is exactly the same....
Click to expand...

In my opinion, that is perfectly fine. Besides, it was not a promotion per se. It is just a natural progression through seniority ranks. A true promotion would be when you take up more responsibilities, say, become a low-level manager or something like that.

In this case, 5% salary growth is perfectly acceptable as well. If it ever rises a question with an adjudicating officer, your lawyer can always argue that once you become a more valuable asset within the company, the company feels that you deserve a greater reward for services rendered. If it ever rises a question, that is. Which is not likely.

Just to be on the safe side, consult with your lawyer. Apparently, you are not sharing any details on the LC itself, so it is rather impossible to predict what will be the exact consequences.
 
bankebihari123,

Congratulations!

For the record, promotion to Principal Software Engineer from senior software engg. should be perfectly okay it is a natural job progression. So you shouldn't have any problems with your EVL letter.

Good luck and congratulations once again.
 
You must log in or register to reply here.
Top