AOS filing question

[venkitagirish]

I have below scenario and I need your input in this matter.

I have got an approved PERM and I140 under EB2 category. All these completed around 2015 and that time I was under Senior Consultant role having a SOC code 15-1132. During the year 2018 I got promotion and I became Manager consultant. Since then, I am doing same job responsibilities that I was doing as a Senior Consultant plus some additional responsibilities. And also my SOC is not changed even though I became Manager. I did not move company so all my labor and I140 are with the same company. 

Now my priority date has become current in October 2020 Visa bulletin, but my company lawyers saying, job duties are more than 50% different just based on the volume of duties that I performs as manager that I did not perform as a Senior Consultant. So they are asking me to file new PERM and I140 and they are saying they cannot file my AOS (Adjustment of Status) right away. 

In this scenario, do I need go through new PERM and then I140? or can I go ahead and apply the next steps (485, EAD) of  my GC process? .  

My company lawyers planning to start my New PERM which I think will delay the process, so I need your input and recommendation here so that I can advise them. I appreciate your help on this.

[sumitp]

thats a pity. The lawyers should ideally be able to just file it. Do they expect us to be in same job role for years without promotion. I think the lawyer is being too conservative here. 

[db79]

I am in same situation . my original PERM was approved in 2010 and i140 in 2011 in eb2. my title changed a few times but my job duties are more or less same. Recently company initiated a new PERM filing based on new title saying for new title, job duties are different and they said that it would be better for me to get new PERM approved for 485 interview stage.  this was all back in May. Since then they have not even filed prevailing wage. 

I am hoping that they will agree to file now based on old PERM and 140 and later file after 6 months submit new job offer (supplement J )