Position change after GC

[sara09]

Hello,

I have been with the same company since 2004, filed for labor in Dec 2006 and so my PD will be current in July. Coincidentally, there is a new position in the same dept. that is opening up and it would be a move up for me and our management wants me to apply for that position. The job duties will include some of what I will do now but I would say more than 60% will be different as it will involve managing people, making hiring and purchasing decisions etc.

My question is: If I were to get my GC approved in the month of July, when is the earliest I could move into this new position? Like many people in similar situations, I have worked with this company for many number of years and have been "stuck" at the same title because of the GC and I am looking forward to finally getting a reward! What are the official "rules" in shifting positions after GC?

Thanks in advance.

[Belle]

Why after? If you can change before and send an AC21 notice, you are definitely covered.

[sara09]

Belle,

Thanks for your response. After is because the position is not ready to be recruited yet! They are still working through the kinks of creating this new position and I do not think recruitment for it will start until end of July, which means that I will not get a chance to apply till then by which point I probably will receive the I-485 approval. Does that make sense?

The other reason AC 21 might not be possible is because the position will be different than what I am doing currently by at least 60% different required qualifications. I heard that you can only apply for AC21 for a similar position, is it not?

What is your advice based on this new data?

[Belle]

40% the same is similar. It is rare that people change jobs into a position that would not classify for AC21.

On the other side, the USCIS does not really care if you change roles with the sponsoring employer, even if not in the same profession. So, you may just choose to do nothing.

[sara09]

Belle,

Correct me if my understanding is wrong but I thought one cannot apply for AC21 AFTER one gets the GC?

Originally posted by Belle:

On the other side, the USCIS does not really care if you change roles with the sponsoring employer, even if not in the same profession. So, you may just choose to do nothing.