promotion to manager? All worries no excitement

S

supergreen

New Member
Hi,

I am working as a software engineer in 9th year of my H1. I may be promoted to manager. My PD is feb 2006, I140 approved, and I am a july 2007 filer(I485). Now my questions are:

1) Please share your feelings and experiences.
a) Can I take this promotion? Probably not because job duties and roles would be different? what are my options?
b) how have other people managed to accept such promotions and still maintain GC?
c) How can we avoid such promotions after having a 9+ years of experience.

2) a) Is filing the new GC the only safe option?
b) But, if I file a new GC, will there be a problem in extending my current H1(9h year)? Do I need to file a new H1. I cannot because this is my 8th year.
c) What will happen to my old GC? Can I have two GC applications?

Thanks a zillion!!
 
1 (a) it would be very risky unless you're going to go back to being a software engineer or something similar upon obtaining your green card, and can convince USCIS that you will do that if they inquire about your job situation.
(b) usually they don't take such promotions. Or they take it and hope USCIS doesn't know.
(c) ask for a different kind of promotion, like senior software engineer or technical lead or system architect where your job is still primarily technical and not managerial. That is what I did at my last two software jobs, as I didn't want to be a manager (unless it was my own company, which I am now doing). Or turn down the promotion. Such is the sacrifice if you want a green card without going through excessive complications.

2(a) filing for a new GC is not a safe option. You'll have to go through labor certification and I-140 again, adding more delay and risk to your situation.
(b) You obviously can't extend the H1B based on the new GC filing. I don't know if you can extend it based on the existing GC process if you're not going to be in that original job or something "same or similar".
(c) If you have two employment-based I-485s USCIS will probably ask you to cancel one, because you can't take both jobs.
 
You need to make sure your employer understands that any communication with uscis needs to on the same lines as original labor.
 
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