Green Card for Future Postion query

[singsau]

Hi,My GC was filed 2 years back for a Future position.My Labor and I140 are cleared.And now looking at the trend from last two Visa bulletins,i am expecting my priority date to get current in next couple of months.

My query is that I am not in that future position yet (need a promotion) but still when my priority date gets current can my I-485 be filed and the regular process for GC can be followed ?

OR do i need to wait and first get to the Future position and then my I-485 can be filed?

Please advise.

[pontevecchio]

Your GC sponsor is obliged to let you take up the relevany job on approval of the AOS . If he reneges and gives it to you in writing that he has no position for you that MAY let you take up a similar job. You should discuss your options and situation with a Lawyer rather than asking a very broadly based query. You should talk to your employer about the situation.

[Attorney_22]

Because the PERM green card process is for a future position, the regulations only require the Beneficiary of an approved PERM/I-140 and I-485 to be in the position as described in the PERM/140 when the green card is approved. Therefore, as long as the position will still be available when the green card is approved, you are eligible to file the I-485 when your priority date is current. If you have additional questions, please contact a qualified U.S. immigration attorney.

[singsau]

Thanks for your reply. I am performing all the job responsibilities mentioned in the Job description when the labor was filed.The only thing that is remaining is i need promotion to get to the title and salary band.I hope this does not cause any issues for filing of my I-485 when the priority date gets current.Please let me know your feedback.