Promotion from Analyst to Mangerial Position While I-485 is pending

J

jawee77

Registered Users (C)
I am in a strane dilemma. My I-140/I-485 was filed in June with a receipt date of June 7th. My LC was approved based on the project analyst position and I-140 was also filed under the same position. Now there is a strong possibility that my company would offer me a Manager job. If i take that job would it mess up my green card process and does that mean that I have to start the green card process from the scratch.

Many ppl have told me that this a grey area. Could you please throw some light on this. I am in serious dilemma.

Many Thanks in Advance!!

J
 
yes

same thing had happened to my husband, and he was finally turned down for promotion to manager when his manager confirmed it with the lawyer. It will invalidate the I-140 as well as possible H1 extensions.



jawee77 said:
I am in a strane dilemma. My I-140/I-485 was filed in June with a receipt date of June 7th. My LC was approved based on the project analyst position and I-140 was also filed under the same position. Now there is a strong possibility that my company would offer me a Manager job. If i take that job would it mess up my green card process and does that mean that I have to start the green card process from the scratch.

Many ppl have told me that this a grey area. Could you please throw some light on this. I am in serious dilemma.

Many Thanks in Advance!!

J
Click to expand...
 
Thanks

Thanks for your reply. Why taking the managerial position would effect future h1b extensions. I understand that it could jeoperdize the GC process but not sure why it would effect future h1b extensions.

J
 
Job Profile

As long as the job profile and activities remain the same , the title may not be much of a problem. This is what I heard from my attorney,when this was discussed in our organisation. Though it may vary from case to case and officer to officer.
 
Urgent Help Needed Please

If the promotion job has more than 80% same responsibilities and activities as the job on which Labor was approved and I-140/I-485 is pending, would it be safe to take that promotion job and not jeoperdize GC process (i mean I-140 and I-485). The promotion job is managerial job while the PERM/I-140 job is senior analyst job. Please help me on this question. I would REALLY appreciate all your help.

J
 
jawee77 said:
Many ppl have told me that this a grey area. Could you please throw some light on this. I am in serious dilemma.
Click to expand...


If your HR are not complete assholes (just a regular ones, as they all are), they can word your position description to be roughly the same. Title may change (mine changed twice, I have used a labor substitution from a diffirent position, with no apparent ill effects on my I140, that was approved in 2 weeks. Now, I am waiting on I485, so I do not know for sure, by nevertheless..
 
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Thanks Axxe. I guess to your point as long as the job description stays 70/80% the same interms of job duties/responsibilities it shouldn't matter even thought i would be moving up from senior project analyst to Project Manager. Is it true. I will ask my HR to see what they say about the job description. I think which seems a bit positive is that it's a natural progression from my current job and secondly it is within the same department. Do you think it would help my case?

J
 
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