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jainus99

Question about Change in job title during Green Card

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Hello,

 

I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -

·  Generally someone with industry knowledge and/or software knowledge

·  SME in multiple areas

·  Able to assist in even more areas

·  Able to work without management intervention

My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - 

·  SME in a lot of areas

·  Able to work in any area

·  Able to talk accurately about the whole product whenever and wherever regardless of audience

·  “Manager” on the floor, a mentor to “all” that need help, trusted advisor

·  The one that the Engineer level people go to and want to be

My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. 

 

I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.  

 

I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment? 

 

Can you please give me some insight so I can get promotion within same organization without affecting my green card, because I like working here and want to continue here but also want to grow in my career.

 

Thanks so much for your help !

 

Regards,

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I think, if the I-140 approved for the future position, any changes to the current roles/responsibilities will not effect the GC processing. I strongly recommend to consult a good attorney. When I asked the same question to my attorney, he said there will not any impact.

 

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