Promotion during I-485

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puneet_gcard

Registered Users (C)
Hello to all of you. I have a very imp question to ask you guys.

I am in 485 stage right now with a RD of OCt 2002. My current
position within my company is an ANALYST. My labor was done
for the dot code 030-167-014 with the Occ Title SYSTEMS ANALYST . Recently my boss has told me that he would like to promote me to a SENIOR ANALYST position. My duties and
responsibilites would remain exactly the same.

1) Would it be ok for me to accept this position.

2) Is there even a 1 percent chance that BCIS may deny my 485 if I accept this positon because my salary is just getting increased by 2-4 K at the most.

I would prefer to be safe than sorry and would really appreciate
the advise or experience of any of the people on this forum.

Thanks and Regards to All !!
 
Salary difference might not raise any issue but the job tittle might. If you get RFE and your company provide proper explanation about job title defending that the new position is also same as old one and falls in same category for which LC was obtained the you should be fine if BCIS accepts your explanation.
 
Puneet

My advice is dont take promotion at all .... reason ... the whole base of greencard is that for that particular position there was no suitable candidate in US so they are force to hire someone from outside abd blah blah .... and hence we have to go through labor etc... I don't want to explain more ... I'm sure you are smart enough to understand what i mean and i believe you definitely underlying basics principles of our Greencard processing .....

Thanks
 
Thanks a lot for your responses !! More response will also help me make my decision.

So Basically what I am gathering is that one's life will come to a stand still because of this slow 485 process by BCIS. I mean going by the pace of BCIS it may imply that it might take 12-18 months for my turn to come for 485 approval. THe processing times are still at 8/22/01.

But I do know of many people who have been promoted and they were fine. I was under the impression that ANALYST and SENIOR ANALYST imply the same job title since duties are the same.

Do you know of anyone whose 485 got rejected because of promotion.
 
puneet

It is a judgement call. If I was in your position I would weigh the career/monetary benefits vs. the possible explanations that may have to be given to BCIS at a later date. The ideal situation would be to get the raise without the title change.

I have been in the same job title for the past 3+ years and will resist change till my case is adjudicated. Again, it depends on your company setup. Mine is a very small company and I can explain these things to my Boss/HR sitting across the table. All the best with your decision.
 
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If your job title changes but your duties remain the same, you should have no problems whatsoever. Salary increases will have no negative impact on your 485 approval.
 
Thanks RSUR and nkm-oct23 !!

Well Firstly I am in a quite big company with almost 200 K employees. My boss doesnt really knows all these details about green card process. So I will have to explain all this to him. Moreover we have a foreign national office which handles all our green card stuff. So I will give a call to them and ask them about it today.

I do have access to my attorney's para legal but dont know if he would know about this.

I have a question for nkm-oct23 about :

If your job title changes but your duties remain the same, you should have no problems whatsoever. Salary increases will have no negative impact on your 485 approval.


Do u know of people who have managed to get approval and BCIS doesnt object to it. Do we have these guidelines published anywhere about promotion during the green card process. It would help a lot to read them if we have some resources on the web.

Personally I am a person who would not take any risks whatsoever if my green card process will get jeopardized. That is most imp to me at this point of time. But looking at the pace of BCIS it really is a big mess.

It goes back to what Mr Khanna was saying about personal hardship and I do believe this is a hardship for me since I cannot get any career enhancement or job satisfaction at all due to my current low salary.

But then again BCIS dont really care about it !! Wish someone could do something about this painful process of 485.
 
Hi Folks. Just talked to the paralegal at my law firm and guess what:

He says I should not take the promotion. Even though it is from ANALYST to SENIOR ANALYST and my duties are exactly the same. He says the title should be the same as what is mentioned on LC.

So I guess I am at the mercy of BCIS for my promotion.

Pretty miserable day for me indeed .
 
Puneet

Your real promotion is get yourself greencard ..... if your job responsiblity remains the same even after the promotion then even if u dont take promotion nothing is affecting you except those 3-4K ... I dont think u will be too concerned about it ...its not that huge to take risk

stick to what your company lawyers suggested you ... i can tell u one my friends went to local INS for his 485 interview and guess what was the first question asked to him ... r u holding the same position for which your company applied for labor ??

anyway once u get your GC your boss can then promote you that time ... u dont stand to loose anything .(regarding money .. my dear get your GC the whole life is there to earn money ....)

Thanks.
 
Thanks IPC302 !! I think it is excellent advise indeed. I was anyway going to tell my boss that I cannot accept the positiion currently.

Unfortunately the problem is that with a RD of Oct 2002 I dont know when my turn will come really with this NSC. So it is more like an indefinite hold.

Its just that this whole 485 process sounds so ridiculous. If they have come up with guidelines for AC 21 then why cant they talk about promotions as well within the same company.

I mean promotion is better than changing employers and jobtitles. Isnt that logicial ?

God Bless us all in this painful 485 process !!!
 
Puneet

Promotion invalidates the Labor certification ... Isn't that logical ...think over it ... i mention in my first response today the basis on which the US govt gives us the greencard ....its not our right rather its a necessity by the companies here to retain us ..and hence our advantage...

Remember AC21 doesnt talk about promotion ... it says joining other company under the same title responsiblity ... blah blah ...no mention of promotion ...

Regarding painful ?? u submitted your 485 right ? your boss is happy with your work right !! that mean u r secured as far as your job is concerned so just concentrate on your WORK and lead a happy life ...and think that Nebraska takes 2 yrs for adjusting 485 ... if you dont get within that time frame then start thinking over it ...do this and u will get back your peace of mind ... use your judgement , be realistic and you will be happy ...dont flow with the crowd 's perception/emotion .... If you have any other techinal issue this forum will help u a lot , but NSC will take its own time for 485 ...Thanks and have a great weekend . Enjoy it .
 
Hi Guys. Another twist to the story. Just when I was resigned to
the fact that I will not accept the new position I just called
my companies foreign national office and they told me that
I CAN take the promotion at any time. There should not be any issue at all since the duties and responsibilites would remain exactly the same.

I asked them if there is even 1 percent chance that 485 would
get denied then I wont take it but they told me that so far not even 1 485 has been denied for our company .It could be because it is a big company with many employees.

And a lot of people have moved from ANALYST to SENIOR ANALYST without any issues at all.

Now I am really confused:

1) Should I trust my attorney's paralegal (who says the title cannot be changed) or should I trust my foreign national office manager who says that Promotion shoud not make any difference at all.

Since this is a big company we are not directly allowed to talk to the attorney himself.

This looks like a tricky matter and I am now really confused.
 
I think too much importance is being given to job title. If your job responsibilities are the same as what is in LC, you should have no problems at all. If you want, you can consult with a good attorney and clarify this issue. Make sure that when you get employment letter from your employer, your job responsibilities are clearly spelled out and match those in your LC. These days when AC21 allows you to change jobs without any restrictions, this should not be an issue at all.

Do not make a decision just based on one paralegal's opinion. If I were you I would check with another attorney, even if it costs me a few hundred dollars.
Good Luck!


Hi Guys. Another twist to the story. Just when I was resigned to
the fact that I will not accept the new position I just called
my companies foreign national office and they told me that
I CAN take the promotion at any time. There should not be any issue at all since the duties and responsibilites would remain exactly the same.

I asked them if there is even 1 percent chance that 485 would
get denied then I wont take it but they told me that so far not even 1 485 has been denied for our company .It could be because it is a big company with many employees.

And a lot of people have moved from ANALYST to SENIOR ANALYST without any issues at all.

Now I am really confused:

1) Should I trust my attorney's paralegal (who says the title cannot be changed) or should I trust my foreign national office manager who says that Promotion shoud not make any difference at all.

Since this is a big company we are not directly allowed to talk to the attorney himself.

This looks like a tricky matter and I am now really confused.
Click to expand...
 
I got promoted from an "analyst" to an "info sys tech specialist" about 2 years ago...AFTER applying for LC. The SKILLS required still remain the same - only you have more responsibility. How can this be against what the LC is about? By getting a promotion in the same field and in the same job line, you are only entrenching yourself deeper into what the company said they need most. My attorney had absolutely no problem with it.

(From a logical standpoint, if you've been in the same title and similar salary for 5 years, you are not really improving yourself and providing value for your company as an imported labor, are you?)

Now my next position is a manager (hopefully in another year or two). I would not take that title until I get my GC. There is no shortage of managers here - so they don't need 'imported labor' for the managerial skillset category.

Opportunities don't come by very often. Once you find one, leverage it all you can. There is no risk here...so if I were you, I'd take the promotion.
 
Guys. This is turning out to be quite an interesting discussion. I have a question for Existentialist .

1) Have you got your 485 approval yet or any RFE in which they ask for employment letter ?

2) If yes then would your company list the promoted JobTitle in the letter with your earlier skillset ? Looks like my company is being quite cooperative and the foreign national office says that if my resonsibilites increase then they will send out the employment letter with the new title on it if NSC send out a RFE.

I would also encourage other members to join here and let us know their opinions/experiences about this issue. I am sure a lot of us are going to encounter this hurdle from now on due to NSC's slow processing times.

Thanks in advance !!
 
my 2 cents...

What if you talk to the HR and ask them to NOT change the job title but put you in a higher grade level and increase the salary! Once you get the GC then you can ask HR to change the job title...
I'm also in the same boat and my promotion is also around the corner. I won't get the pay-raise but will get the higher grade level. I'll be doing the same work and only Senior supposed to be added to my existing job title. HR shouldn't have any problem keeping the job title the same. I'll check with the lawyer as well....
GC-waiting-process, I hope it's all worth it...:mad:
 
Promotion while awaiting GC

Hey guys,

I am in the same boat. I am about to make a decision to accept another higher position and different job function. I am current a senior con. engineer and I intend to progress as account engineer.

does that mean that I am at the mercy of BCIS for my AOS and I should not move on with my career? I am with a large organization (among fortune 1000 with a capitol reserves in excess of $2 billion). Will this make a difference if you are in a large global organization?

any response is appreciated.

thanks.
 
What if you talk to the HR and ask them to NOT change the job title but put you in a higher grade level and increase the salary! Once you get the GC then you can ask HR to change the job title...

Incredible_wait : I dont understand how HR can do that. Dont the big companies have rules and regulations. Maybe this can be done in a smaller org. But in my company I dont think they will change their rules just for me. I can request my boss to give me a raise but she will have to justify it with promotion. She cant do it without justification.

I guess it also depends on how much of a raise one is getting doesnt it. I am still thinking it is a littly risky to be promoted but that is cause I am a bit over cautious.

But then I get down to think that I am at the mercy of BCIS. What if they dont get to my case in the next 2 more years. Then I am just stuck where I am.

The big thing here is that no one knows how long BCIS will take to approve our cases. That is why there is so much confusion here.
 
No. I did not get an RFE yet. Should'a mentioned that before. Mar/2002 RD.

In any case, my attorney did not have any issues with it.

For Ken,
I heard of some people where their HR departments/attorneys worked with them so that the new 'manager' role can be proved to require the same skills as stated on the LC.
 
Promotion with pending 485

Extentialist,

Thanks for your response. I am getting worried reading all these here. I hope my attorney will properly advise me. Problem is this attorney is hired by my company and he is not very cooperative.

I really dont want to give up an opportunity for promotion considering that my ND is 05/03 filed at NSC and it would take 2 yrs to hope for GC approval????

If not for circumstances beyond my control, i dont think i will take this path to get GC. :(
 
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