On lower job level then level at which I-140 approved

[agrawalamit]

Hi,

My company filled the Labor and I-140 for the higher job level due to some internal policy constraints thinking the time they have to file I-485 I will be at that job level. But due to my wife's place of birth I am eligible to file for I-485 immediately.

My company is saying we can not file I-485 until your promotion to the Job level I-140 is filed relating it to USCIS law. I am not super convinced by this and wanted to know if there is such regulations by USCIS. Can I file I-485 with lower Job level ?

Note: Got to know from some other source that USCIS just checks for JOB description and validates it during I-140 and if that's approved already there is no issues filing I-485. Please let me know if that's true.

Thanks,

Amit

[directory0818]

i 485 is your application. You can file it even without employer consent after the date is current. 

[agrawalamit]

Agree. But what are the chances of approval if current job level is lower then what it is filed for. Job description is less 50% different. Also is there specific document needed from employer for this ?

Eg: I am at Job level 4 while Perm applied for Job level 5 thinking I will be at Job level 5 by the time I will be current. But due to my wife's place of birth it is current already.

[JoeF]

Even though the GC is for a future job, you have to qualify for the job at the time the PERM is filed. After all, the PD may become current at any time, like in your situation, but also, for example, they could make everybody current, as they did once, for a month in 2007.