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bjsingh78

Supplement (j) and Promotion - EB2 Green Card

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Hello

I have a pending I-485 and my priority date is March-2010. When my perm was filed it was filed as an Individual contributor in Engineering. We were a small company in 2009 and over years we have grown and I am currently handling the role of Senior VP for Engineering. My question is with expected date to become current in next few months, there most likely may be an RFE for job evidence. What is the impact if we respond with my current title, or does my company respond with old job. Or should I start another perm and I-140 with new title that will another 6-9 months. I am really confused, any guidance will be helpful. 

Thanks in advance..

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I have the same question & situation and my date is PD is in Apr2010, so almost similar situation. Here is a USCIS link I found informative to build knowledge base - https://www.uscis.gov/i-485supj Based off this reading you have not moved employers and your SOC job code remains the same per your original I-140 filing (unless amended by your employer - very unlikely!), so when USCIS notifies you if the time to get the paperwork ready and submitted per their instructions at that point.

In my case I have switched jobs, gotten promoted, etc. so have asked our internal immigration team today - will update once I hear more. You should too... 

Edited by WattMan
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See this link from USCIS and I am pasting particular section from the link below. 

https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21

If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether the original and the new positions are in the same or similar occupational classifications. Further, if you move into a managerial or supervisory role and establish that the new position involves managing the same or similar occupational classifications as your original position, USCIS may treat such evidence favorably. 

You may still be eligible for 204(j) portability if you are able to establish through a preponderance of the evidence that your job change reflects a normal career progression, even if you are not managing anyone whose job is in the same or similar occupational classification as your position, if you can demonstrate that you are performing or overseeing some of the same types of duties or functions that are associated with your original position. 

 

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