promotion + salary hike = 485 issue?

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weary

Registered Users (C)
I couldn't find any info searching this forum for some reason.

Anyway, the details are job description didn't change, only seniority added to the title and I think about 6% increase in pay. This does not require AC21 and stuff like that right?

I recently got second FP notice, no RFE. RD early April 2002.
WAC-02-155-XXXXX

The company immigration lawyers probably won't even notice, they're pretty useless. So unless I initiate something maybe USCIS doesn't need to know till I get an RFE? Even if I do, maybe there's no problem?

Please let me know if there is a worst-case scenario I should worry about, perhaps turn down the promotion etc.
 
weary said:
I couldn't find any info searching this forum for some reason.

Anyway, the details are job description didn't change, only seniority added to the title and I think about 6% increase in pay. This does not require AC21 and stuff like that right?

I recently got second FP notice, no RFE. RD early April 2002.
WAC-02-155-XXXXX

The company immigration lawyers probably won't even notice, they're pretty useless. So unless I initiate something maybe USCIS doesn't need to know till I get an RFE? Even if I do, maybe there's no problem?

Please let me know if there is a worst-case scenario I should worry about, perhaps turn down the promotion etc.
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Similar thing happened with me, and my lawyers told me not to worry about it as long as job duties and description were consistent. Their point was that it's obvious and normal that people in jobs who are good get promoted! Salary raises are not an issue - what the USCIS is worried about is that you are getting paid AT LEAST what was specified in your petition - the point there being that they don't want 'foreign labor' undercutting prevailing wages. Anway, I'm not a lawyer, so get your own counsel if needed, I'm just passing on what I've been told about such things. When you've been in the queue at the USCIS for as long as we have, it would actually be weird if some of us weren't promoted or given more seniority. It's a natural thing as we become more experienced at what we do.
 
Just to repeat what's been going on here for ages - this application is for future employment so many people get away even with lower salary, as long as the company intends to pay the LC salary after GC is approved.
The job duties have to be similar, but unless you are becoming a manager out of an engineer, don't worry.
No need for AC21. Even if you get RFE (less likely these days), you're good.
 
Don't worry about salary raises or a promotion. As long as your job duties remain the same, you should be fine. That's what the company's laywer has been saying.

Company usually hires folks as Programmer Analyst II. They later get promoted to III, IV, some even go to System's Programmer. But all the job duties for these are the same. Company just has different titles for reflecting seniority and adjusting the pay scale.

Now, going into the managerial track, well, that's probably a different story...
 
The concept here is logical progression, you can move from programmer to sr. programmer, to tech lead to architect, without problems. But if you change the basic job description, and move into the managerial realm, you are in trouble. In your case, that doesn't seem to be true. I would take the job hike with both hands and a smile. And while you are at it buy a round of drinks at the next portal meeting. :)
 
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