Promotion during I485

[140_takes_4ever]

Re: Re: Re: Re: Re: What if you did get a change in responsibilities as well?

Originally posted by gcwaiting007
Just in the spirit of open discussion on the topic, as well as the eagerness to clear my own understanding:

gcwaiting007,

You definitely have a very logical point there, unfortunately INS is not governed by logic, instead it is run by employees with minimum educational who get paid minimal wages, they do not have the imagination (nor the incentive) to understand the bigger picture.

To end any further discussion on this topic, I am going to quote/refer to Attorney Sheila Murthy's website on this topic to explain the situation. Please post back ONLY if you have concrete proof to back up your view point, (logical arguements do not count! )

Originally posted on http://www.murthy.com/asking.html
Question : Will an employment-based green card applicant have any problems if the employer changes the job title while the I-485 is pending?

Answer : Mere changes in job title, due to internal company reworking of titles, without any change in job duties, should not affect the green card processing. However, if the title changes reflect changes in the duties, then it could pose a problem. This problem may be resolved if the individual is eligible under AC21 portability and the new job is the same or similar to the job contained in the labor certification.

EDITORIAL COMMENTS : In an employment-based green card, the entire case is based upon the job offer stated in the Labor Certification. The labor certification contains a detailed description of the job duties. Under pre-AC21 law, the offer for the job as stated in the labor certification had to remain valid in order to obtain approval. This requirement meant that any deviation in the job duties, whether through promotion, transfer, demotion, or redistribution of duties, would cause serious problems and, potentially, denial of the case. The job duties, rather than the job title, governed.

Under current law, with the ability to obtain approval of green card cases using AC21, a slight change in job duties may not mean the end of the case. But a significant change in duties would still pose a problem. If an I-485 has been pending for 180 days or longer, the case may be eligible for approval under AC21. In this event, the individual may change jobs, provided that the new position is the "same or similar" to the position described in the labor certification. This new position could be with the same employer or with a new employer.

Posted Dec.06.2002

I understand that this deals mostly with AC21 but it has enough pertinent information to answer the questions inititally raised on this thread with regards to change of job.