Change of title after I-140 approval while priority date is not current


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I have a question regarding promotion to a higher level after I140 approved while waiting for priority date to be current to file adjustment of status. Can I get promoted during this time and renew my H1B application based on approved i140. The change is from senior scientist to group lead in the the same department . I am currently working on H1B visa which was extended based on approved I140 in 2020. I am an Indian citizen and under EB2 I have at least 5 to 10 years of waiting before priority date become current.

Can I continue to renew my H1B with approved I140 with new title?


Also, how does the change of title affect my current immigration application for permanent residency.

Does employer need to file a new PERM and I140 with new title at the time of priority date becomes current? 
 

 

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  • 1 month later...

Yes you can renew your H1B with the new position. If the new job is materially different from the job described in the I-140, another PERM and I-140 may be required. If the promotion is a natural progression of the original position you were sponsored for, another I-140 will not be necessary. You should probably talk to an immigration attorney about your specific circumstances.

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