Promoted during I-485

G

Gcard2003

Registered Users (C)
Hi. What happens when a person gets promoted during the
Green Card Process. I am being offered a promotion by
my manager and I am not sure whether to accept it or not
due to the situation with the Green Card Position and
LC Job Position. All gurus please feel free to let me
know about your experiences with this. Thanks !!!!!
 
We exactly can't say how INS would treat this situation. But there is an instance of one of my colleagues whose I485 petition was denied because he was promoted to a new poistion. The company lawyers have appealed and a decision is pending for the last 11 months. I don't like to discourage you, but hopefully you will not to have to go through the same ordeal.

Anyway consult your attorney. But most of the attorneys have the opinion that a promotion will not the affect the outcome and that is the reason my colleague accepted the offer.

Good luck.
 
There shouldn't be any reason for denial of green card on the basis of promotion. It is obvious that considering the time INS is taking to process green cards, you will have moved upwards in life. My assumption is as long as you are making more money than reported in your labor, your job profile hasn't changed that much. You should be okay.

Offcourse you might want to confirm that with your attorney, don't forsee any problems for you though.

Congratulations!
 
No! You can not get promoted during the process!

Because your GC is based on LC and your LC is approved based on the recruiting result in that specific category, requirement and salary. There maybe plenty of Americans who were qualified for the higher position back then.

However, if everybody agree to keep their mouth shut, things could work out.
 
Well, let's not forget AC21. You can joing a new employer in a new position as long as the new position is "similar". I see no logical reason to permit joing a new employer and have the GC continue as long as the position is "similar" and yet prohibit a change whithin the sponsoring company. That would nake no sense. Therefore, in my opinion, as long as the position is "similar" you should be fine. I'd say a promotion from "Software Engineer" to "Senior Sovtware Engineer", for example, would be ok as long as there is not a dramatic change in job duties. However, a promotion from "Software Engineer" to "Director of Engineering Services" of Vice President in charge of Consulting Services", for another example, probably would NOT be acceptable.

Obviously, it's a matter of degree and your attorney needs to evaluate the magnitude of the change and make an appropriate recommendation.
 
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