Should I Accept This Promotion?

Z

zico

Registered Users (C)
Hi My Friends,

I need your help with the question of my promotion.

My situation:
I-140/485 concurrent filing early 2003 (VSC);
I-140 approved early 2004, I-485 still pending;
Applies/Got EAD & AP but never used them (and prefer not to);
Still holding valie H-1B visa (I want to keep my H1 for as long as possible);
Still working for the petitioner employer.

I have this chance to get promoted from associate/analyst to manager within the same department (major duties should be the same except I will supervise couple of other analysts). New salary might be around 10% higher. My LC/I-140/I-485 are all based on analyst position. Will accepting this promotion be a problem with CIS once they issue a RFE and find out my position has changed? Should I inform CIS about this promotion right now?

My lawyer told me that I will be fine if I accept the promotion and file an "amended petition" for H-1B (don't have to file anything for my pending I-485). I thought this might raise the question mark for CIS or at least highlight to them that I've got something going on here.

What if I accept the new salary and new duties, but decline the new title? Under this scenario, I'd need cooperation from company HR department when addressing the EVL to CIS if I get a RFE later. Is this a good option?

You'd think for most people, promotion is a good thing ...... Lots of headache.

Your suggestions are greatly appreciated.
 
If you are not changing the company- these title/salary changes normally don't figure in. In case of EVL the company should give a letter as in LC- the HR should have sense to do that- should not require too much convincing.
Good Luck with promotion
 
Thank you for your quick reply, sb-tiger.

Just to follow your thought --- if we file "amended H1-B petition" to inform CIS that my job title has changed, how does HR cover for me in case of a RFE? Should they not mention the new position in EVL and just go with the analyst one in LC?

Appreciated your comments. Gook luck to you on your applications.
 
Hi ZICO,
I have few of my collegues who are on H1b and green card LC is already applied, at my site with the same situation as u. They got promoted to manager from Analayst. The company attorney filed for H1b Amendment with new role as manager and HR said for Green Card, comapny will give them the same skill set specified in GC LC.

**NO IDEA IF THIS IS A USEFUL INFO. BUT WANT TO THROW**
 
Thanks for the info. It is good to know that someone else is in the same boat, even though we don't know the outcome yet.

From what I heard, some people file H-1 amendament, some don't. I guess it might work either way. My lawyer said this is "H-1 portability", which is different from AC21 portability, and the risk is low. Originally I don't want to file anything and just wait to RFE. Now I tend to agree with my lawyer and file amendament up front.

Still welcome other options/insight.

And need to talk to HR.
 
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