Promotion and I-485

[John78696]

Is there any immigration law which prohibits from getting promoted. My manager says that since my green card is in progress, I cannot get promoted.

I do not think so. Can any one please show pointers?

 

[nj_skm]

Unfortunately, he is right.
A GC sponsorship is for a particular job (with title, duties and responsibilities). If you get promoted, resulting in a new title, new roles and responsibilities, you'll have to start the GC process all over again for the new role.

 

[thyramax]

I am not sure if this is correct.

I am with the same well known Consulting company. I have been promoted consistantly and had no issues with with GC. I think your company needs to provide with the EVL when they apply for 485 or during RFE.

The condition changes if you use AC21 and then the job description needs to be same or similar.

 

[TheRealCanadian]

Unfortunately, he is right.

Not necessarily. If the promotion involves a significant change in job duties, then it might be problematic but otherwise it should be OK. Worst case, it's AC21.

Generally speaking, when managers say they don't want to promote an intending immigrant, they have motives far different from preserving the immigration process.

 

[srkotturu]

It should not be an issue. As Real Canadian mentioned, there should not be significant changes in nature of duties/responsibilities. I do not think, any one will stay in the same poistion for more than a decade (for grand parents waiting since year 2000 ). Your manager has different motives for not promoting you.

Apart from that the GC is for future job and the company can still send the papers with same position, if they like without inviting trouble to you.

Thanks

SRK

 

[nj_skm]

N Worst case, it's AC21.

Can't be, as job duties change significantly.

Generally speaking, when managers say they don't want to promote an intending immigrant, they have motives far different from preserving the immigration process.

Bingo.
I know of a lot of people who got promoted while waiting all those years for GC.

 

[2007]

I got promoted once and my title changed once becasue of the organizational change. All my Attorney asked a letter from Director of IT and mentioned that I got promoted and my title changed becuase of the organizational change but my responsibilities are same. Hope this helps!

Thanks

 

[chitti007]

When my title changed due to an org change, I asked my company's immigration lawyers if we need to file a new labor etc. Their response was that as long as the job responsibilities remained the same, no need to file a new LC just because the title changed.

Another time my work location changed from one building to another which are about 1.5 miles from each other. But that resulted in change of work address (city name changed) and raised a flag with the immigration lawyers. When my manager explained that the two locations were in the same metro area, 1.5 miles from each other, they said it was OK. The two buildings happen to be on the borders of the two suburban cities.
Can this cause an issue down the road? I do not know.

I have read posts where they have taken a job promotion with an understanding with their employer that they will return to their GC job upon approval.

 

[wik]

You can get promoted as long as the job duties (or in my case, area of expertise) stay the same. In my attorney's opinion, it is unrealistic to expect that a talented, qualified person would not be offered a promotion at some point in their career, and given the long processing times at the USCIS, it seems reasonable. Promotion often involved the added responsibility of managing people with your skill set, in addition to delivering work in your skill set too. A letter of clarification from your company regarding the promotion should be sufficient (same basic duties, just a higher level.)