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arunka007

Will role changes after I-140 approval impact green card process?

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Hello All - My Labor was filed in Oct 2010, under EB-2, with a role of 'Project Manager'. I have an approved I-140 and am waiting for the last decade for my priority date to be current. In that time, I have got promoted to a Senior Project Manager, and I have an option to move to the role of a 'Principal Consultant'. If I take up this offer, will it affect my AOS, 485 and the green card process in general? 

 

My understanding is the role at the time of receipt of green card should be substantially similar to the labor certification role. So, the specific question is, whether 'Principal Consultant' is considered substantially similar to 'Project Manager'? Who determines this and how?

 

I checked with my company's attorneys and they just said "you must hold the role of Project Manager or a substantially similar role upon receipt of the green card" and left it that. Hence posting here to gain some more understanding. 

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More likely your job profile changes after taking "Principal consultant" job. The work may be similar but there is vast difference in terms of titles. Look for SOC code and compare. They don't need to be exact, but need to be close. Regardless, you need to file documentation to update this in your original application. Remember that comparison of SOC codes is not required at this stage but it is good guide. This becomes must in later stage - See below.

Compare SOC codes.

It is not intuitive but it is more or less requirement that you keep doing same/similar job from the time you start labor till you file I-485. Even after filing I-485 along with I-485J (This is fairly new procedure that replaced employer letter to this two-page form to be signed by employer), if you make changes in title/role/functions/job in a significant way, you need to file updated I-485J. As you probably in "At least decade group" of EB-2 Indians, this policy discourages candidates like you from changing jobs and/or getting promotion 😞

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Thank you for the detailed reply. I do not want to jeopardize my GC in any way after waiting for 10 years. So, do you think it is a better idea to not change the role at this stage? 

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If I was in your situation, I would not have made any changes as far a possible. But then, I try to be extra cautious regarding anything in immigration that keeps me away from conventional or straight forward application. You don't have to take this approach or follow my example 🙂 

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