Promotion during I485

R

rsu76

New Member
Hello Gurus ,

My I485 has been pending for last 1 yr. Now my manager wants to promote me and offer me a payraise , though my job function will still remain the same . It will also include the job title change (for ex. from S/W Engineer to Senior S/W Engineer ) . Is it OK to accept this promotion or will this create any problem in case there is a RFE in future .

Pls. respond.

Thanks,
Rsu.
 
Dont think twice about the promotion ...go for it .. its not worth to wait to get Gc for your promotion .. you might regret waiting later ..

Congrats ..
 
moreover this promotion is totally in line with what you were doing. you are just more 'senior' at doing it.

congrats! good to get promoted in this enviroment. feel good about that!!
 
Totally agree

with the previous replies. I was in the same situation a year ago, and I also checked with my company lawyer afterwards. They said there's no problem.

Congrats :) !
 
rsu76, congrats on your promotion.!

As long as you are in the "same line of business", you should be fine with your promotion.
Was in the same situation and my lawyer said its not at all a problem.
 
No problem as long as there is logical progression (as in your case), without major changes in responsibilities (e.g. if you had been made manager). You are satisfying the conditions of your LC, so you should be okay!

Congratulations by the way!
 
where's the party?

could you send out an evite to the entire newsgroup please?? ;-)

yup.. no biggie.. go for it.. didnt affect mine!

- Rajesh
 
Thanks a lot everybody .... Today I also consulted with my lawyer and he is also OK with that .

Thanks once again.

Cheers,
Rsu.
 
What if you did get a change in responsibilities as well?

Hey everyone,

What if someone were to get an offer to transfer internally within the company, say from "Software Quality Engineer" to "Developement Manager" ??

There would be similar technical skills involved from the present to the future position, but the job title, and description would change a lot. Does changing from engineer to manager adversely affect the process?

Also, in my case, my I-140 is approved, and was applied concurrently on 12/02/2002

Thanks for the info everyone
 
may not be...

I had a lengthy chat with two independent lawyers on this topic. If the managerial position falls in the same line, from Software Engnr to Software manager, ther is NO problem as LONG AS the job description is same. if there is different line, no body can guarantee.

So, it is NOT always a NO or always a YES. It depends how you word it and how capable your lawyer is.

Always discuss with your lawyer and go by what they say.
 
Re: may not be...

Don't understand how a manager and an engineer can have the same job description, by any stretch of imagination. Regardless, worried_sick, specifically mentioned
description would change a lot
Click to expand...
Going by which, there will be an issue.

Even if your lawyer is really smart, job descriptions usually fall under DOT categories, which are pretty SPECIFIC. Either you are in one category or NOT! You cannot be half and half.

The bottom line is not your lawyer, but your HR! Depending upon what kind of EVL your HR gives you to submit to your lawyer, and how it perceives your position in the company, will be the basis of approval or request to file labor again!
 
So, if I get requested to file labor again,

what happens exactly? Re-file labor, only, or do we have to refile labor, and then another I-140, and then I-485 again?

Also, I may be able to have the HR department keep a similar job description, with added responsibilities, which would take care of the new position's responsibilities, and the manager title. Would that still mean I have to file AC-21, or leave things well enough alone?
 
Re: Re: What if you did get a change in responsibilities as well?

Originally posted by 140_takes_4ever
In one word, YES!
Click to expand...

worried_Sick, 140_, sri34,

Since the guy is working for the same company why would there be any issue at all as long as it is in the same line of business?

1) Intent of future employment, on which the entire GC processing is based, is more solidified as the company envisions a greater say for this future GC-holder in the company operations.
2) Line of business has not changed
3) Isn't it expected that when a Company grows, so do the individuals, setting a progressive work environment?

As far as I can say, he/she need to worry only if the company is a take-over target or planning to split into distinct identities. Then yes, since his intent of future employment changes, then these job descriptions and other red-tape bull-shit matter.
 
Re: Re: Re: What if you did get a change in responsibilities as well?

Originally posted by gcwaiting007
Since the guy is working for the same company why would there be any issue at all as long as it is in the same line of business?
1) Intent of future employment, on which the entire GC processing is based, is more solidified as the company envisions a greater say for this future GC-holder in the company operations.
2) Line of business has not changed
3) Isn't it expected that when a Company grows, so do the individuals, setting a progressive work environment?
As far as I can say, he/she need to worry only if the company is a take-over target or planning to split into distinct identities. Then yes, since his intent of future employment changes, then these job descriptions and other red-tape bull-shit matter.
Click to expand...

Actually that is absolutely mistaken! GC is very job/skill specific, and promotions do have an effect on GC processing, due to labor qualifications.

The whole question will ONLY come up if there is an RFE, if no RFE, then nothing matters. Doesn't matter if you work in Timbaktu as a Janitor or CEO. If you get a RFE/interview, then you might/will be asked for an EVL. If your EVL does not match up to the LC without logical progression in growth, then expect a big fat rejection, (offcourse based upon the IIO's mood). Take a look at the DOT specifications for various jobs, from engineer to Sr. engineer to Manager.

Engineer to Sr. Engineer are logical progressions, comensurate with growth in skills, but management requires a completely different skill set! Which calls for re-testing of the labor market!
 
Re: So, if I get requested to file labor again,

Originally posted by worried_sick
what happens exactly? Re-file labor, only, or do we have to refile labor, and then another I-140, and then I-485 again?

Also, I may be able to have the HR department keep a similar job description, with added responsibilities, which would take care of the new position's responsibilities, and the manager title. Would that still mean I have to file AC-21, or leave things well enough alone?
Click to expand...

I din't mean to alarm you by my doom-saying. Put me down to be a cynic but I prefer to be safe as compared to being sorry.

In my opinion, if you are able to get an EVL from your company, clearly stating that the responsibilities are basically the same, just slightly expanded due to the length of time of GC processing, you might be able to squeeze by. An example is Technical Manager, like we have in our company, though not very certain it would fly, but definitely a case worth fighting for.

Putting all that aside, there is nothing in a title, it is the responsibilities that matter, you could work effectively for your company as a Sr. Software Engineer, but could have 20 people reporting to you. As long as your management chain is aware of your legal difficulties in accepting a new title and are okay with status quo, you should be okay accepting the new responsibilities (and SALARY) without the title.

Good luck, offcourse, talk to your lawyer before accepting any advise you read here!
 
Re: Re: So, if I get requested to file labor again,

Originally posted by 140_takes_4ever
Putting all that aside, there is nothing in a title, it is the responsibilities that matter, you could work effectively for your company as a Sr. Software Engineer, but could have 20 people reporting to you. As long as your management chain is aware of your legal difficulties in accepting a new title and are okay with status quo, you should be okay accepting the new responsibilities (and SALARY) without the title.
Click to expand...

This is exactly the approach I took at my company. The title has stayed at the Engineer level, and so has the job description. But I have 13 people reporting to me and the salary has changed.
 
mphu ..


you are smart .. you know the way up .. try something like that here for 485 approval .. may be you will approval get fast ..
:D
 
Re: Re: Re: Re: What if you did get a change in responsibilities as well?

Originally posted by 140_takes_4ever
Actually that is absolutely mistaken! GC is very job/skill specific, and promotions do have an effect on GC processing, due to labor qualifications.

The whole question will ONLY come up if there is an RFE, if no RFE, then nothing matters. Doesn't matter if you work in Timbaktu as a Janitor or CEO. If you get a RFE/interview, then you might/will be asked for an EVL. If your EVL does not match up to the LC without logical progression in growth, then expect a big fat rejection, (offcourse based upon the IIO's mood). Take a look at the DOT specifications for various jobs, from engineer to Sr. engineer to Manager.

Engineer to Sr. Engineer are logical progressions, comensurate with growth in skills, but management requires a completely different skill set! Which calls for re-testing of the labor market!
Click to expand...

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

1. I beg to disagree with you partially when you say that whole GC is skill/specific. Partially because there is a skill factor involved, no denial there. But, looking at a bigger picture, US wants to give GC to those people to immigrate who have good standing and 'behavior', not a criminal charge-sheet case, bring in and contribute additional skills that are found in demand in the country, besides contributing for the progress of the country in any which way possible. And I interpret that only with these things in mind the entire GC process is divided into 3 stages. First stage and partially second stage is to determine the skill set factor mainly. In-demand skills, gainful employment, etc. But the final stage is a little more widespread, where a person's history, and 'suitability' to immigrate into this country is checked along side making sure that the person is in no way a liability on the state exchequer. Hence the request for finger-print, photo ids, work authorization etc.

2. So as long as the person is contributing (for example, in software whether developing or designing or even getting the work done by technically managing such development on-site or off-shore) in the field where there is a demand in this country, his title should not matter. Yes, if his LC says Software Engineer and now he is 'promoted' and asked to manage the janitors in Timbaktu then, since it is a different line of business, it is illegal. But if he is asked to manage a bunch of software programmers to write some software to improve the efficiency of those janitors, then that should not be a problem.

3. In my opinion, a company is recommending to the US gov to grant permanent residency to a person, if the company feels confident that this person will contribute for the wider development and improvement of the country, at least in his area of specialization which is in demand, if not in other spheres of life.

4. Because if that is not the case, then a person on EAD should not be able to start his own company since entreprenuership (sic) is definitely so different from most of the skills that is in demand.
 
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