Promotion after Labor approval

R

rppriya

Registered Users (C)
Hi

My Perm LC was approved today. My company is planning to give me a promotion from Technical Consultant to Manager. Can I accept my promotion and apply for I140?

Or if I accept the promotion, should i have to do the LC again?

Any info on this will help pls.....
thanks
 
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File your I-140 now under your approved PERM (which I assume was filed under EB3.) If you company files a new H-1 (which verifies your promotion with the USCIS), and if they agree to do a new EB2 PERM case for you, then by all means go for it. Hopefully by that time, your EB3 I-140 will be approved and then you can do what is called a "Recapture," which is where you file a new I-140 with your approved EB2 PERM and request a recapture of your EB3 priority date.
 
Here is my case:
My company has filed my PERM in EB2 category and the LC has been approved recently.
My current H1 atleast has 3 years more of the 6 year cap.

So can I accept the promotion to manager and apply for I-140?

st4rguitar said:
File your I-140 now under your approved PERM (which I assume was filed under EB3.) If you company files a new H-1 (which verifies your promotion with the USCIS), and if they agree to do a new EB2 PERM case for you, then by all means go for it. Hopefully by that time, your EB3 I-140 will be approved and then you can do what is called a "Recapture," which is where you file a new I-140 with your approved EB2 PERM and request a recapture of your EB3 priority date.
Click to expand...
 
PERM EB2 or EB3 I-140 is future employment, it has nothing to do what occupation you currenty hold, which is again governed by h1b guidelines. I dont see any reason why you cannot accept promotion, unless your job duties varies a lot from previously mentioned I-129 (h1b) which i believe might require an amendment to previously filed I-129 (h1b)
 
rppriya said:
Here is my case:
My company has filed my PERM in EB2 category and the LC has been approved recently.
My current H1 atleast has 3 years more of the 6 year cap.

So can I accept the promotion to manager and apply for I-140?
Click to expand...

If your PERM was already under EB2, then there's really no effect from taking a promotion. The GC is an independent process of the H-1, and you should try to maintain your H-1 status throughout the entire GC process. If you have been promoted, your company will need to file a new H-1 for you under the new title. It doesn't effect your GC process.
 
Thanks Guys. This is really helpful.

My company is new to these procedures and my company's legal advisors are advising against taking this promotion. I'm not sure if they are confusing the PERM processing with the previous RIR process.

I'll talk to them and post back if there are any more queries.
 
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