Promotion - I140 approved - Options?


dsnpb

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I work in a very well established large company. The law firm my company works with is also reputed. My company filed PERM for EB2 and my priority date is March 2008. I also have my I140 approved. I am waiting to file I-485.

My EB2 case was filed for Senior Software QA Engineer. Later I got promoted to Staff Software QA Engineer. As the job responsibilities are almost the same, the law firm asked me to take the promotion.

Now the time has come, I am being offered to take "Senior Manager" position to manage the same QA team, I work for. It was supposed to be a promotion. The law firm is seeing issues now. They don't think it is going to be easy. We have talked about not changing the title but still taking on the managing role. This position is going to be essentially what I am currently doing + managing other QA Engineers.

The law firm is suggesting different approach.They are asking my department to open up a NEW "Senior Manager" position and have me apply for it. (instead of getting it as a promotion). Not sure what makes the different. They haven't promised me anything but just asking me to go with this approach.

I kindly request all of you to share your feedback/advice in this. This is not an easy opportunity in our company. If I reject this position, we would have someone else take the position and I will be reporting to him/her. At the same time, I know how much time/energy/patience I have put to get my GC application up to this point. I do not really want to jeopardize that either. Please help...

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The lawyers are just trying to file another PERM/I-140 for you. And any time you file for PERM, you need to open the position to citizens/LPRs and conduct recruitment to prove that there are no satisfactory candidates immediately available. That's all. The old I-140 is not going anywhere, though.

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Thanks Belle. Couple of questions:

1) If they start the process to file new PERM/I-140 and ask me to take the manager position, does that contradict with the existing PERM/I-140 which was filed for "Engineer" position? Does the old PERM/I-140 become invalid because of role change? I will be happy if I can keep both active.

2) Can the new PERM be filed under EB1 as the position is for manager?

Thank you so much!

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  • 2 weeks later...

Belle,

You are absolutely correct. They have planning to file another green card for the manager position. And that is going to be EB2.

I have the following questions, Could you pls help me with that?

1) Can I port my current priority date which is March 2008 to this new green card filing? (the current one is for Engineer position and the new one is going to be for manager position).

2) As the new green card is filed for manager position in contrast to the current one which was filed for engineer position, does that impact or violate the current (original) Green card process? Can I keep both parallel?

3) As you know, it would take anywhere from 6 months to 1 year to get PERM/I140 approved for the new green card, what if the priority date becomes current in between? Can I file I-485 with the original PERM/I-140 (which is for engineer position)? if so, will I have to step down from manager role back to engineer role at that time?

I would appreciate if you can answer these questions. I am trying to get answers from the attorney but as I said our company and the law firm are pretty big and reputed so they are keeping lots of stuff very confidential and not having any direct communication with me.

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Wanted to hide my identity but posted the reply with my original username :) anyways here you go...Looking for answers from Belle and Joef.

Belle,

You are absolutely correct. They have planning to file another green card for the manager position. And that is going to be EB2.

I have the following questions, Could you pls help me with that?

1) Can I port my current priority date which is March 2008 to this new green card filing? (the current one is for Engineer position and the new one is going to be for manager position).

2) As the new green card is filed for manager position in contrast to the current one which was filed for engineer position, does that impact or violate the current (original) Green card process? Can I keep both parallel?

3) As you know, it would take anywhere from 6 months to 1 year to get PERM/I140 approved for the new green card, what if the priority date becomes current in between? Can I file I-485 with the original PERM/I-140 (which is for engineer position)? if so, will I have to step down from manager role back to engineer role at that time?

I would appreciate if you can answer these questions. I am trying to get answers from the attorney but as I said our company and the law firm are pretty big and reputed so they are keeping lots of stuff very confidential and not having any direct communication with me.

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  • 1 year later...

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