Promotion and hike...new thread and update

J

jollyguy

Registered Users (C)
Hi All,

This is a follow up to my original post. I am sure most people are not reading it now and since this is important to everyone I thought I would repost. This is an update from my attorney to the same question i.e promotion to a manager from a Sr consultant and commensurate hike.

The promotion to manager does not impact your I-485 at all, as the adjustment has been pending with CIS more than 180 days and the I-140 has been approved. You have been eligible to change positions or employers pursuant to AC-21 since late xxxx 2003. Same goes for the change to a different employer; the position of manager should qualify as a same or similar occupational classification, although there are still no regulations published on this issue.


When CIS gets around to adjudicating the AOS, you will need to provide confirmation of employment. If there has been a change in employment at that time, we would also submit the “AC-21 package” outlining your eligibility for the change pursuant to that legislation. Other than that, there isn’t anything which would require action on your part in the event of a change in position or employer.
 
Thanks for the update on this very important issue. Though it is interesting that this advise totally differs from Attorney Shiela Murthy's with regards to change in title, as can be read on her website.

I guess this is one of the more grey area's and a matter of opinion, and risk. Though I would still advise people not to take the change in title, but accept the responsibility and pay hike, just to play it safe.
 
140,

since this is an important issue for everyone would you mind posting the links for attoney murthys site to this post so in furture eveyone has access to the information and can take an informed decision for themselves.

Thanks
 
http://www.murthy.com/UDac21qa.html#4

I have posted that link like some 20 times already! :) So din't post it again this time.
Originally posted on www.murthy.com
It should, though INS makes a case-by-case determination. The requirement of "same or similar" is determined by the description of the essential job duties. The title may change, as different companies use different titles. The INS position appears to be that the core job duties should be essentially the same or similar in order for the INS to approve the I-485 with a new employer.
Click to expand...

The above passage has been changed since I saw it last, where it was way more restrictive, but the essence of what she is saying works from comparissions of Programmer to Developer. Shift from Programmer to Manager, is a totally different ball game.

Again, as I mentioned above, it is a matter of risk and your ability to take the risk. I would still advise people to take the responsibility and pay increase while keeping the title in the same field, eg. Software Developer to Sr. Software Developer to Project lead to Architect. All of the above are progressively incremental and can be explained with gain in experience and exposure, but in my opinion the shift from programmer to manager is too different and hence very risky!

But hey that is just my opinion, so take either ways! :)
 
my case was approved after a change from sr architect to manager. I was worried but case was approved less than two weeks after submitting RFE. I think it depends on circumstances but I would I agree with your attorney, jollyguy. this is essentially the advice I received and it all worked out for me!
 
140 and Peter,

Thanks for your inputs. Just for clarification I am not a programmer but a Sr consultant in the area of application deployment. I dont programme and its no where mentioned in my LC or AOS app.

For all others who like to switch or take a promotion please make sure to speak with your attorneys before you decide.
 
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