Promotion after I140 filed (still pending)

[vscpig22]

Hi

My company is about to renew my H1B, and will go with
my current position title, which is one level higher than
the one stated in my pending I140 and my first H1 application
as well. But the job nature doesn't change.

Will it cause any conflict with current pending I140 since
the job title in my H1 renewal is different from I140's.

Many Thanks

 

[laborpain]

Just keep quiet about it.

Technically, a change in job descriptions (responsibilities, etc.) put you in a new labor category necessitating the recertification of labor, etc. So, if i were you, i wouldnt talk about it too much...

"what promotion?"

 

[usnycus]

If the current position is higher then the position stated in LC then usually BCIS would come up with RFE during 140 stage.

It is hard to convince anyone that beneficiary will be demoted to the lower position and will be taking less salary in future.

 

[vscpig22]

Hi, Thanks for your inputs. Are you saying that I'd better
file H1 renewal with my previous title...

 

[usnycus]

I would......Keep it same as your approved LC.

Why to give BCIS any reason to come up with RFE.

 

[vscpig22]

Thanks!

 

[sb_tiger]

Theoritically there should not be any link between H1 and LC.
$.02

 

[nkm-oct23]

Originally posted by vscpig22
Hi

My company is about to renew my H1B, and will go with
my current position title, which is one level higher than
the one stated in my pending I140 and my first H1 application
as well. But the job nature doesn't change.

Will it cause any conflict with current pending I140 since
the job title in my H1 renewal is different from I140's.

Many Thanks

My guess is that as long as your new job responsibility includes ALL of LC job responsibility, you are OK.

 

[vscpig22]

Hi all,

Thanks for all of your inputs on this matter.

so you know, I just got response from company's attorney, he said there won't be any conflict with my I140.

"it is highly unlikely that your H-1B application would be linked to any of your PR applications. Your promo is not an issue either. The only time is could be a problem is if there is a substantial and material change to your position, which has not happened in this case. "

Hope it helps for the folks with the similar situation

Good Luck to all of us on this discussion board!