Promotion while 485 pending?

Take it, Problem could be if your salary is going down but not with going up.

BTW congratulations
 
gnu01,

Be very careful! Remember that your are receiving your green card for a very specific labor certificate which states that you are being hired for a position that has no American citizens available. Change in Job profile, signifies change in responsibility and invalidation of labor! Offcourse like Vipsha said, your salary should go up.

I would suggest that you talk to your lawyer about this situation. Try to get the company to modify the job description from just manager to some slight expansion of your labor certificate. i.e. if you applied as a software developer, then get the current job description to read as software developer who also overseas other developers or something like that.

But congratulations! In this economy you are doing swell! :)
 
Lawyer should be made aware ..

This can be tricky since your job nature changes from an engr to a manager (if so) My lawyer recommended me to talk to her before I accept any changes to my job .. that way she makes sure that the original labor is still valid ..

----------
 
natural progression

As long as its "natural progression" in the same line of business, you should be fine. This what my paralegal said. But check w/ your lawyer also.
 
Yes if it is natural progression then it should be OK, When I said yes take it, I was assuming that managerial post will be next step in same profession it does not mean that you can change your line. INS does not stop you to become manager as long as you are with same company and with in same line e.g if you were coding then you can become engineering manager not finance manager.
But still as other suggested talk to your lawyer.
I apologize if I have created any confusion.
 
vipsha,

I had this discussion with Jim Mills, the immigration attorney on this forum and he said that you have to be very careful accepting promotions etc. The job description has be be very similar to labor. The natural progression theory does not work due to anal interpretations of the labor law by IIO's.

This is very interesting, because of the inordinate delay in processing 485 cases, the original labor usually is not sufficient to keep pace with normal life. I wonder if INS will come out with a guidence on this case. It is so possible that people get promoted etc. over 2 years, how does labor apply to them?

gnu01,

Best bet would be to talk to a lawyer, and make sure that the job profile offered to you fits your labor!
 
gnu01 ,

I was in similar position sometimes back as yours,I decided to keep my position as senior engineer but instead asked for the raise ,my salary is near double from what my original Labor was filed with,you should contact with your lawyer to clarify this.

Deeps
 
Indeed it is an interesting issue, normally now a days GC process is taking three yrs and how can you expect some one to remain on the same post for three yrs. Yes it is true INS does not understand these kind of situations. But to overcome this can't someone get a letter from employer saying that the profile mentioned in the LC is same as one is having now plus some extra duties. That should not be hard to get.
If you speak to a lawyer defiantly lawyer will say avoid it but that is not practical so there should be some practical solution to this.

I see two options
1. Don't accept promotion instead ask for raise - Safest
2. Accept the promotion and get a letter stating the LC duties plus extra duties - Safe
 
vipsha,

I think what you mentioned is the safest alternative. It doesn't matter what your position is in reality (I mean your subordinates can call you manager), but on paper, you should remain on the same position, which is software engineer. Or at worst, Senior software engineer.

I would even go so far as to say, minimize the expansion of duties. Like I posted above, there is a difference in what actually is and what is shown to the INS. To the INS change is BAD! And there is a huge difference between manager and software engineer atleast in their eyes.
 
140,

It is possible in small companies but I don't think it is possible in big companies where policies are very strict, you can not say that I don't want to be a manager but I will accept a raise. So what is the solution in case of big companies like oracle, Microsoft, cisco etc.
I think the only option is accept the promotion and have a letter from your manager on company letterhead about your desired duties. But I am not sure if INS will accept this kind of letter.
BTW you know that I am GC holder with plastic card :D and just to let you know that my director has no plans to promote me to a manager. :(
 
Take it

My experience with INS is that they are good people. They just dont go by the law. They look the overall circumstances . Its obvious to get a promotion in an organization.
 
Re: Take it

Originally posted by king0405
My experience with INS is that they are good people. They just dont go by the law. They look the overall circumstances . Its obvious to get a promotion in an organization.
Click to expand...

king0405,

Definitely a first for me, to see someone think INS is filled with good people. Maybe you would like to explain why such good people are screwing with out lives so badly? To reduce paper work, they shred documents. Issue RFE's for documents they have in other files. Lie when you eventually do get them on the phone. On top of everything, refuse to adjucate cases inspite of 2 years elapsing from time of application.

I would rather play it safe and treat them like mindless morons. Nothing I have read from experiences posted on this website, has caused me to change my opinion.

Vipsha,

I don't mean ask for a raise and not take the job (though I have known people who have done that). But if you talk to your director, I am sure he will still allocate responsibility to you, but not make the change in HR until you are ready. I feel that is possible to obtain.

Hey Silly Man might be coming over for lunch Sunday, do you want to join in?
 
as long as job duties are "same or similar" AC-21 would apply

from murthy.com:

Change in Job Duties

As the employer's needs change, the duties assigned to an I-485 applicant may change. If the I-485 applicant receives a promotion in title and additional duties, the applicant may wish to notify INS that AC21 applies. However, the applicant must carefully consider the risks in accepting any new position, as the new job must still be considered the "same or similar" to the original job in order to qualify under AC21.

link to more info:

http://www.murthy.com/ukchange.html
 
Every organization has good and bad people. Assuming a risk in the hope that the one assigned to your case will be good is not worth the risk.

And, Vipsha's safest alternative is indeed that - the safest alternative.
 
I am also in the same situation here with an recent MBA and trying to figure out what to do next with lucrative external opportunities. I know it would be hard for me to wait too long (I certainly don't want to), but have no choice. I am stuck here as well.

Good luck to you guys.

GW
 
cannot belive that good news like promotion would cause so much stir in the land of freedom. Is this not exploitation? Agreed that we are temperory workers. But we came to this country only after we were allowed, as our professional skills were needed here. I think these are arm twising policies to keep us from progressing but at the same time all the jucies from us are being extracted for the betterment of this economy.
 
Originally posted by vrajbhumi
cannot belive that good news like promotion would cause so much stir in the land of freedom. Is this not exploitation? Agreed that we are temperory workers. But we came to this country only after we were allowed, as our professional skills were needed here. I think these are arm twising policies to keep us from progressing but at the same time all the jucies from us are being extracted for the betterment of this economy.
Click to expand...

We all agree. But no choice dude !!
 
And these arm-twisting policies are are meant to make you want to go back, since they admitted us on the condition that we will be returning to our home countries. But we made our bed so we lie on it.
 
You must log in or register to reply here.
Top