Promotion after I-140 approval

[racystallion]

My I-140 is approved and my PD is current now. A couple of months back I got promoted vertically but do most of the same job duties with some additional administrative work.

Would I need my H1B amended and new PERM/LC

Or can I just file for AOS

No change in location, department but my title changed from physician to physician director.

Pl advise.

Thanks

[Belle]

Talk to your lawyer. Sometimes minor changes in title, like addition of Sr. go through without problems. Sometimes, a new PERM and I-140 need to be filed.

[racystallion]

Thank you Belle. I just talked to my lawyer and he advised me to file I-485 with the intent of starting on my previous position after I get my green card.

It is a bit confusing to me but apparently that is the only way. I will not need a new PERM/I-140 as I was in my previous position when it was done per my laywer.

Does this make sense?

thanks.

[Belle]

It's a bit stretching it, although, I don't think it is necessarily bad. The lawyer is trying to make it easier on you and your employer as opposed to seeing it as an opportunity to pad their own pockets with additional fees. Since it is very unlikely that the USCIS will ever check what exact position you will work for your employer after approval (and since there are cases when a change in position is permitted), it is a relatively benign stretch. Your employer will have to give you a job offer or EVL for the old position.