Promotion

[Patra]

Dear all,

I have the following situation:
My company has filed an OR petition on my behalf in mid June. I-485 has not been filed yet - expect it to be filed end of this month. Meanwhile, I have been promoted to a managerial position. While the broad area in which I will be working (Material science/engineering) is the same the specific area is different (different group within the company).

I obviously do not want to start a new application. I would appreciate it if some of you could shed some light on what options I have and what the best way to proceed is.

Thank you.

 

[tom2]

Dear all,

I have the following situation:
My company has filed an OR petition on my behalf in mid June. I-485 has not been filed yet - expect it to be filed end of this month. Meanwhile, I have been promoted to a managerial position. While the broad area in which I will be working (Material science/engineering) is the same the specific area is different (different group within the company).

I obviously do not want to start a new application. I would appreciate it if some of you could shed some light on what options I have and what the best way to proceed is.

Thank you.

Patra, first of all congratulations for your promotion.
Since your overall field of effort remains same, there should not be any problem in OR case. However, it could have been a big trouble if it was usual petition through LC.

 

[Patra]

Tom2, thanks for the reply. Does it not matter that I will be moving from a research role to managing people? The title will be something like Technology manager so it is still providing technical leadership. Could you please elaborate somemore? I am working with the company lawyers but I want to learn enough to have an intelligent conversation about what my options are.

 

[honkman]

I think case it really depends what are the descriptions of both jobs since you get your green card because of your outstanding abilities in your research field. When you start working in a manging position USCIS might argue that you don't work in the field you got your green card for because only managing people who work in this research field is not the same as doing the research by yourself. I don't say that you will automatically get problems with USCIS but I am not as optimistic as tom2.

You might also check this denied cases and look if you find some similar cases:

http://uscis.gov/graphics/lawsregs/admindec3/b3/index.htm

 

[Reverse_Man]

I went through one of the cases in the link honkman provided (the one at top in 2003). I was amazed at the detail and depth in the analysis of the case. I wonder if they do this for all rejected cases. It sure looks time consuming, I wonder if that explains the sometimes slow processing at SCs.